HomeMy WebLinkAboutBusted Shovel AP-07-004BEFORE THE MERIDIAN CITY COUNCIL
C/C 07/17/07
1N THE MATTER OF THE REQUEST
FOR CITY COUNCIL REVIEW
OF AN APPEAL OF APPROVED
CUP 07-004 TO ALLOW A DRINKING
ESTABLISHMENT IN AN O-T ZONE
Case No. AP 07-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
FOR
BUSTED SHOVEL by Sherer & Wynkoop
APPLICANT
The above entitled appeal having come on for public hearing on July 17, 2007, at the
hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho.
Anna Canning, City Planning and Zoning Director for the Planning and Zoning
Department, and Stephen T. Sherer of Sherer & Wynkoop, LLP, appeared and testified,
and the City Council having duly considered the evidence and the record in this matter
therefore make the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for appeal was published
for two (2) consecutive weeks prior to said public hearings scheduled for July 17, 2007,
before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred (300') feet of the
external boundaries of the property under consideration more than fifteen (15) days prior
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE
BUSTED SHOVEL CUP 07-004; CASE NO. AP-07-004 PAGE 1 OF 4
to said hearings and with the notice of public hearings having been posted upon the
property under consideration more than one week before said hearing; and that copies of
all notices were made available to newspaper, radio and television stations as public
service announcements; and the matter having been duly considered by the City Council
on July 17 , 2007, public hearing; and the applicant, affected property owners, and
government subdivisions provided services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6511, and §11-SA, Municipal Code of the City of
Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian,
and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance
Establishing the Impact Area Boundary.
4. The property is located at 704 N. Main Street, Meridian, Ada County,
Idaho.
5. Stephen T. Sherer of Sherer & Wynkoop, LLP, whose address is 730 N.
Main Street, Meridian, Idaho 83642, is the applicant.
6. The Applicant requests an appeal of the Planning & Zoning Commission's
approval of CUP 07-004 to allow for the operation of a drinking establishment in an O-T
zone for the Busted Shovel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE
BUSTED SHOVEL CUP 07-004; CASE NO. AP-07-004 PAGE 2 OF 4
CONCLUSIONS OF LAW
The City of Meridian has discretionary authority to review and approve or
deny the Conditional Use Permit within a development as provided by the Municipal
Code of the City of Meridian, Uniform Development Code, Section 11.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order:
That the Planning & Zoning Commission's decision regarding approval of CUP
07-004 on April 19, 2007 to allow for the operation of a drinking establishment in an O-T
zone for the Busted Shovel is upheld. However, an amendment was made to the
Commission's decision from the April 19, 2007 hearing as follows:
The use of the property as a bar shall be contained within the walls of the
building; the previously approved outdoor cafe use shall no longer be
allowed with the proposed bar use.
By action of the City Council at its regular meeting held on the day of
August, 2007.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED -~~~~C-
COUNCILMAN JOE BORTON VOTED --~~
COUNCILMAN CHARLIE ROUNTREE VOTED ~~
COUNCILMAN DAVID ZAREMBA VOTED --~~^
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED '~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE
BUSTED SHOVEL CUP 07-004; CASE NO. AP-07-004 PAGE 3 OF 4
DATED: ~~ ¢ -U
MOTION: APPROVED: ~ DISAPPROVED:
~~
MAYO A Y de WEERD
ATTEST: V.
Teo
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CITY CLERK - ~~•"'~`~'"~
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Copy served upon Applicant, the Plannirfg~~~~ii4i~~p`artment, Public Works
Department, and City Attorney. ~«~~~~ ~~~~~
By: Dated: q ~ t 0"~1
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE
BUSTED SHOVEL CUP 07-004; CASE NO. AP-07-004 PAGE 4 OF 4