HomeMy WebLinkAboutRegency at River Valley VAR
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A VARIANCE TO
UDC ll-4.3.27B3 TO PROVIDE LESS
THAN 80 SQUARE FEET OF PRIVATE,
USABLE OPEN SPACE FOR EACH
MULTI-FAMIL Y DWELLING UNIT
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THE REGENCY AT RIVER V ALLEY, LLC )
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FOR
APPLICANT
C/C 10103/06
Case No. V AR 06-015
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled matter having come on for public hearing before the City
Council on October 3, 2006, at the hour of7:00 o'clock p.m. at Meridian City Hall, 33
East Idaho A venue, Meridian, Idaho, and the City Council takes judicial notice of its
action of the denial ofthe application for annexation and zoning in Case No. AZ-06-035,
and the hearing was opened on the variance application and Anna Canning, City Planning
and Zoning Administrator for the Planning and Zoning Department, Benjamin Clegg of
Bach Corp., appeared and testified, and the City Council based upon its Findings of Fact
and Conclusions of Law, and Decision and Order in Case No. AZ-06-035 does hereby
deny the application for Variance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF VARIANCE FOR REGENCY AT RIVER VALLEY SUBDIVISION; CASE NO. VAR06-015
PAGE 1 OF 3
FINDINGS OF FACT
It is found that the Recommendation to City Council of the Planning and Zoning
Commission is not reasonable nor appropriate for the conditions of approval ofthe
variance due to the denial of the annexation and zoning in Case No. AZ-06-035.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section ll-5A-6 and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the
denial of the annexation and zoning in Case No. AZ-06-035 the Council does hereby
deny the application for variance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code S67-8003, 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 ofthe City of
Meridian, pursuant to Idaho Code S67 -6521. An affected person being a person who has
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF VARIANCE FOR REGENCY AT RIVER VALLEY SUBDIVISION; CASE NO. V AR 06-015
PAGE 2 OF 3
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 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 _ day of
October, 2006.
MAYOR TAMMY de WEERD
ATTEST:
CITY CLERK
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By:
Dated:
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF VARIANCE FOR REGENCY AT RIVER VALLEY SUBDIVISION; CASE NO. VAR 06-015
PAGE30F3