HomeMy WebLinkAboutRockin KB Saloon CUP 07-019BEFORE THE MERIDIAN CITY COUNCIL
C/C 03/11/08
IN THE MATTER OF THE
REQUEST FOR CONDITONAL USE
PERMIT TO APPROVE A DRINKING
ESTABLISHMENT IN A PROPOSED
C-G ZONE
Case No. CUP 07-019
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
BY
PATRICK MCKEEGAN
APPLICANT
The above entitled matter having come on for public hearing before the City
Council on February 26, 2008, at the hour of 7:00 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 of the application for annexation and zoning in Case No. RZ-07-019,
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
Patrick McKeegan and Kevin Kelly, 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-07-019 does hereby deny the application for Conditional Use Permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AIVD ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR ROCKIN KB SALOON; CASE NO. CUP-07-019 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-07-019.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section 11-SA-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-07-019 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 §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 maybe 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
CONDITIONAL USE PERM]T FOR ROCKIN KB SALOON; CASE NO. CUP-07-019 PAGE 2 OF 3
an interest in real property which maybe 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.
By action of the City Council at its regular meeting held on the I ~ day of
March, 2008
.i~~J
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MAYOR MY de WEERD
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JAYCEE OLMAN, CITY CLLR ~ 1~
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Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
BY~ Dated: ~ "°~5 ~° ~
rty Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION A]VD ORDER OF DENIAL OF
CONDITIONAL USE PERMIT FOR ROCKIN KB SALOON; CASE NO. CUP-07-019 PAGE 3 OF 3