HomeMy WebLinkAboutCherry Wood Village CUP 07-007
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR CONDITONAL USE )
PERMIT TO ALLOW RETAIL SALE )
AND SERVICING OF MOTOR )
SCOOTERS/RECREATIONAL VEHICLES )
WITHIN THE PROPOSED C-C DISTRICT )
)
BY )
)
RICHARD BROWN & ROY BROWN )
)
APPLICANT )
)
C/C 06/19/07
Case No. CUP 07-007
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 June 19,2007, 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 of
the denial ofthe application for annexation and zoning in Case No. RZ-07-008, and the
hearing was opened on the conditional use permit application and Anna Canning, City
Planning and Zoning Administrator for the Planning and Zoning Department and Richard
Brown, #24 South 600 East, Ste 7, Salt Lake City, Utah 84102, appeared and testified,
and the City Council based upon its Findings of Fact and Conclusions of Law, and
Decision and Order in Case No. RZ-07-008 does hereby deny the application for
Conditional Use Permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF CONDITIONAL USE PERMIT FOR CHERRY WOOD VILLAGE; CASE NO. CUP-07-008
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
conditional use permit due to the denial of the annexation and zoning in Case No.
RZ-07-008.
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. RZ-07-008 the Council does hereby
deny the application for conditional use permit approval.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code g67-8003, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF CONDITIONAL USE PERMIT FOR CHERRY WOOD VILLAGE; CASE NO. CUP-07-008
PAGE 2 OF 3
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 967-6521. An affected person being a person who has
an interest in real property which may be adversely affected by this decision may, within
twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action ofthe City Council at its regular meeting held on the 3 ~ day of July,
2007.
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ATTEST:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
BY~~
City Clerk's Office
Dated: r -5-0,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
DENIAL OF CONDITIONAL USE PERMIT FOR CHERRY WOOD VILLAGE; CASE NO. CUP-07-008
PAGE 3 OF 3