HomeMy WebLinkAboutRegency at River Valley VAR 06-016
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A VARIANCE TO
UDC 11-3H-4B2 TO CONSTRUCT
A VEHICULAR ACCESS TO A STATE
HIGHWAY AT A LOCA nON OTHER
THAN A SECTION LINE ROAD OR THE
HALF MILE MARK BETWEEN
SECTIONS FOR
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THE REGENCY AT RIVER VALLEY, LLC)
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APPLICANT
C/C 10/03/06
Case No. VAR06-016
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 Avenue, Meridian, Idaho, and the City Council takes judicial notice of its
action ofthe 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
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 V ALLEY SUBDIVISION; CASE NO. V AR 06-016
PAGE I 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 ofthe 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 REGULA TORY 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
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 06-016
PAGE 2 OF 3
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.
I' fJ..
By action of the City Council at its regular meeting held on the 7 - day of
October, 2006.
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ATTEST:
Copy served upon Applicant, the Planning Department, Public Works Department, and
City Attorney.
By:
l ~CL\.Cl 51M Q N-J
City Clerk's' Office
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
OF V ARJANCE FOR REGENCY AT RIVER V ALLEY'SUBDIVISION; CASE NO. V AR 06-016
PAGE 3 OF 3