HomeMy WebLinkAbout2025-07-31 Philip Artz
Charlene Way
From:Dave Miles
Sent:Thursday, July 31, 2025 3:01 PM
To:Philip Artz; Charlene Way
Cc:Bill Nary
Subject:RE: In-N-Out Ten Mile appeal
Hi Philip – Thanks for reaching out. I have copied the City Attorney and will let Bill answer your questions given
they are very specific to the legal process of hearings.
Bill – see Philip’s questions below and please reply all so we are aware as well.
Dave Miles | Chief of Staff
City of Meridian | Mayor’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: (208) 489-0532|Fax: (208) 884-8119
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law
From: Philip Artz <pjartz@hotmail.com>
Sent: Thursday, July 31, 2025 2:58 PM
To: Charlene Way <cway@meridiancity.org>; Dave Miles <dmiles@meridiancity.org>
Subject: In-N-Out Ten Mile appeal
External Sender - Please use caution with links or attachments.
Good afternoon.
I understand In-N-Out has appealed the Planning and Zoning Commission's denial of the CUP and that a public
hearing before City Council is scheduled for Aug. 12th. A couple of quick questions please:
1. Where can I find a copy of the appeal documents submitted by In-N-Out?
2. Has the Planning and Zoning Dept and/or Commission submitted a position to City Council on the
Appeal? If not, will either do so?
3. Des the City Attorney defend the determination made by the Commission?
4. Are all the public comments previously submitted to the Commission part of the record that City
Council will consider?
5. Is City Council conducting a "de novo" review of the application or does it simply consider if the
Planning Commission's determination was invalid or illegal in some manner.
Thank you for your time and consideration.
1
Philip J. Artz
6285 N. Bolsena Lane
Meridian
2
Charlene Way
From:Bill Nary
Sent:Friday, August 1, 2025 3:01 PM
To:Philip Artz
Cc:Dave Miles; Charlene Way; Chris Johnson
Subject:RE: In-N-Out Ten Mile appeal
Mr. Arntz;
Here are the answers to your questions.
1. Where can I find a copy of the appeal documents submitted by In-N-Out?
Here is the Clerk’s link to the documents that the City has for this
project. https://weblink.meridiancity.org/WebLink/Browse.aspx?id=402703&dbid=0&repo=MeridianCity
2. Has the Planning and Zoning Dept and/or Commission submitted a position to City Council on the
Appeal? If not, will either do so?
The Staff findings from the Planning and Zoning Commission are part of the packet of information that
is included in the documents in the link above.
3. Des the City Attorney defend the determination made by the Commission?
The Planning and Zoning Commission Decision and findings are their own and not “defended” by the
City.
4. Are all the public comments previously submitted to the Commission part of the record that City
Council will consider?
Yes, see the comments in the link for the all the documents for this project.
5. Is City Council conducting a "de novo" review of the application or does it simply consider if the
Planning Commission's determination was invalid or illegal in some manner.
Yes, the Council hearing is de novo and therefore it is a new hearing and the prior decision has no
bearing on the outcome other than it is information that the Council may consider in making their own
decision.
Please feel free to contact me if you have any questions or additional concerns.
Bill Nary | City Attorney & Risk Manager
City of Meridian | City Attorney’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: | (208) 898-5506
1
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
From: Dave Miles <dmiles@meridiancity.org>
Sent: Thursday, July 31, 2025 3:01 PM
To: Philip Artz <pjartz@hotmail.com>; Charlene Way <cway@meridiancity.org>
Cc: Bill Nary <bnary@meridiancity.org>
Subject: RE: In-N-Out Ten Mile appeal
Hi Philip – Thanks for reaching out. I have copied the City Attorney and will let Bill answer your questions given
they are very specific to the legal process of hearings.
Bill – see Philip’s questions below and please reply all so we are aware as well.
Dave Miles | Chief of Staff
City of Meridian | Mayor’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: (208) 489-0532|Fax: (208) 884-8119
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law
From: Philip Artz <pjartz@hotmail.com>
Sent: Thursday, July 31, 2025 2:58 PM
To: Charlene Way <cway@meridiancity.org>; Dave Miles <dmiles@meridiancity.org>
Subject: In-N-Out Ten Mile appeal
External Sender - Please use caution with links or attachments.
Good afternoon.
I understand In-N-Out has appealed the Planning and Zoning Commission's denial of the CUP and that a public
hearing before City Council is scheduled for Aug. 12th. A couple of quick questions please:
1. Where can I find a copy of the appeal documents submitted by In-N-Out?
2. Has the Planning and Zoning Dept and/or Commission submitted a position to City Council on the
Appeal? If not, will either do so?
3. Des the City Attorney defend the determination made by the Commission?
4. Are all the public comments previously submitted to the Commission part of the record that City
Council will consider?
2
5. Is City Council conducting a "de novo" review of the application or does it simply consider if the
Planning Commission's determination was invalid or illegal in some manner.
Thank you for your time and consideration.
Philip J. Artz
6285 N. Bolsena Lane
Meridian
3