HomeMy WebLinkAboutBarrus, Brent AP
IN THE MATTER OF THE APPEAL )
OF PLANNING AND ZONING )
COMMISSIONER'S )
RECOMMENDATION TO ADA )
COUNTY DEVELOPMENT )
SERVICES )
•
(98-34-ZC)
ORDER OF DENIAL OF APPEAL
AND AFFIRMATION OF NOTICE
BY PLANNING AND ZONING
COMMISSION
This matter coming on regularly before the City Council upon the appeal of
Mr. Brent E. Barrus of the action and response of the Planning and Zoning
Commission as evidenced in the letter from Shari Stiles, Planning and Zoning
Administrator, to Mr. Scott Cook, Planner II, Ada County Development Services,
dated January 21, 1999, and the Council having received and taking notice of the
files and records of this matter received from the Planning and Zoning Commission
and Administrator, and the filing having been made to the Council, and the Council
having heard the report of the Planning and Zoning Administrator, and appearing for
the appellant was Michael Aiello, son-in-law of the appellant, and being fully
informed in the premises:
The City Council makes the following Findings:
1. Mr. Brent E. Barrus seeks to rezone the subject real property (7.09)
acres at 5720 West Overland, Meridian, from (RT) Rural Transition to
Estate Residential Zone (R1), and the same is within the Impact Area of
the City of Meridian; and
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 1
• •
2. The Planning and Zoning Commissions action and resultant letter was
based upon the fact that the real property is located in the Meridian
Urban Service Planning Area and has a future designation of
Mixed/Planned Use Development, and that the application was not in
conformance with the narrative provisions of the City's Land Use
Designation found at Page 29 of the Comprehensive Plan of the City of
Meridian under the heading Land Use. A summary of the provisions
reveals that the Comprehensive Plan Goal is that single-family dwellings
within the Urban Service Planning Area provides lsingle-family
dwelling per 5 or 10 acre tract, provided dry line sewer and water lines
are installed and constructed, and plans and layouts for roads are made
and provisions are made for future re-subdivision of the 5 or 10 acre
tract to an urban density as shown in the Comprehensive Plan Land Use
Map.
3. The appellant intends to develop the subject 7.2 acre parcel into four
(4) lots for the construction of residents upon each lot.
4. The appellant presented no evidence that the action of the Planning and
Zoning Commission was in error.
CONCLUSION OF LAW:
1. The authority for the Council to act in this matter is set forth in its
Zoning and Development Ordinance at § 11-2-404 D (a) which
provides: "The Council shall hear and decide appeals where it is alleged
there is an error in an order, requirement, decision, interpretation or
determination made by the Administrator, Commission or Building
Inspector."
Now therefore, IT IS HEREBY ORDERED AND THIS DOES ORDER
THAT:
1. The action herein appealed of the Planning and Zoning Commission is
hereby affirmed; and
2. The appeal of the appellant is hereby denied.
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 2
•
•
By action of the City Council at its regular meeting held on Q~Gk- f6t-
1999.
,~~
~~
RO RT D. CORRIE
ayor, City of Meridian
Copy served upon Applicant, Mr. Scott Coolc -Planner II of Ada County
Development Services, 650 Main Street, Boise, Idaho 83702, and the Planning and
Zoning Department and the Public Works Department.
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ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 3
WHITE, PETERSON, PRUSS, MORROW St GIGRAY, P:A.
ATTORNEYS AT LAW
]USTIN P. AYLSWORTH
]ULIE KLEIN FISCHER
WM. E GlcanY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER $. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RLITHEAFORD
TERRENCE R. WHITE
William G. Berg, Jr.
City Clerlc
33 East Idaho Street
Meridian, Idaho 83642
Re: BRENT BARRUS APPEAL
Dear Will:
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208)466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
REcErvED
MAR 2 2 1999
CITY OF MERIDIAN
Regarding the above referenced matter, please find enclosed a copy of the
ORDER OF DENIAL OF APPEAL AND AFFIRMATION OF NOTICE BY PLANNING
AND ZONING COMMISSION for approval and signature by the Mayor and yourself.
Please serve a copy of the ORDER, upon the Applicant, and also note I have included
Mr. Scott Coolc of the Ada County Development Services at 650 Main Street in Boise,
with a Certificate of Service in the file and a copy to Planning and Zoning and Public
Works.
If you have any questions, please give me a call.
Very truly
m. F. G dray, III
msg/Z:\Worlc\M\Meridian 15360M\Barrus Denial\C1erkLtrMarl9
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288.2499
FAX (208) 288.2501
Email via Internet @ ~vfg@wppmg.com
March 19, 1999