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HomeMy WebLinkAboutRegency at River Valley VAR 06-014 C/C 10/03/06 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A VARIANCE TO UDC 11-3C-6A TO PROVIDE LESS THAN 2 COVERED PARKING STALLS FOR EACH MULTI-FAMILY DWELLING UNIT ) ) ) ) ) ) ) ) ) THE REGENCY AT RIVER VALLEY, LLC ) ) ) ) FOR APPLICANT Case No. VAR06-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER UF 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 Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the 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 Director for the Planning 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 SUBDNISION; CASE NO. V AR 06-014 PAGE I OF. FIN DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VARIANCE FOR REGENCY AT RIVER VALLEY SUBDNISION; CASE NO. V AR 06-014 PAGE 2 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 of the 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 11-5A-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 City 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 ~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 By action of the City Council at its regular meeting held on the /1.ff;. day of 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. October, 2006. ATTEST: CITY CLERK Copy served upon Applicant, the Planning Department, Public Works Department, and City Attorney. By~jUCl m ~ 0-..._, City Clerk's Office Dated: )O.~3"OLQ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF VARIANCE FOR REGENCY AT RIVER V ALLEY SUBDIVISION; CASE NO. V AR 06-014 PAGE 3 OF 3