HomeMy WebLinkAboutJackson's Food Stores VAC-07-001
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST TO VACATE PLAT NOTE )
6 ON THE PORKY PARK SUBDIVISION )
NO. I FINAL PLAT WHICH PROHIBITS )
ACCESS TO N. EAGLE ROAD (SH 55) )
)
BY )
)
JACKSON'S FOOD STORES, INC )
)
APPLICANT )
)
C/C 03/13/07
Case No. V AC 07-001
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 February 27,2007, 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 of the application for variance in Case No. V AR 07-002, and the
hearing was opened on the vacation application and Anna Canning, City Planning and
Zoning Administrator for the Planning and Zoning Department, and Jack Davis of
Jackson's Food Stores, Inc., appeared and testified, and the City Council based upon its
Findings of Fact and Conclusions of Law, and Decision and Order in Case No. V AR 07-
002 and does hereby deny the application for Vacation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF V ACA nON OF
JACKSON'S FOOD STORES, me.; CASE NO. VAC 07-001 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 of the
vacation due to the denial of the variance in Case No. V AR 07-002.
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 variance in Case No. V AR 07-002 the Council does hereby deny the
application for vacation.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF V ACA nON OF
JACKSON'S FOOD STORES, INe.; CASE NO. V AC 07-001 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.
-fI-..
By action ofthe City Council at its regular meeting held on the 20 - day of
March, 2007.
ROLL CALL:
VOTED ~
VOTED II,-
VOTED ~
VOTED ~
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
COUNCILMAN KEITH BIRD
COUNCILMAN JOE BORTON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN DAVID ZAREMBA
DATED:
3--20-07
APPROVED: )G
MOTION:
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Copy served upon Applicant, the Planning vepartment, Public Works Department, and
City Attorney.
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City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DEN IAL OF V ACA nON OF
JACKSON'S FOOD STORES, INe.; CASE NO. VAC 07-001 PAGE 3 OF 3
3~ 22--01
By:
Dated: