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10221 W. Fairview Ave. • Baise. ID 83704
(208) 378-4422
F~c: (208) 37fr8822
www. i nstanteq u itya uto. com
1. The requesting party must have been a party in the underlying action in
one of the following: the city; the property owner of the subject property; the
applicant for the project; or has presented written or oral testimony at the
public hearing where the final decision was rendered; and
instant qu® utoa E dy Christensen and Daniel Eurrup both gave oral
testa oy and are the current pr®e ®ners of 9065 Fa®tvie Ave.
2. The request must be in writing and presented to the city clerk no more than
seven (7) calendar days after the council action and decision have been
rendered; and
n ellvere 90110/0 t ci clerk.
3. The request must state a basis for the request and a brief statement of
issues and decision that the requesting party is asking to be reconsidered;
and
4. The request must include, but is not limited to:
a. The party requesting reconsideration has relevant information; and
b. The relevant information was not previously presented and is in
response to something brought up at the previous hearing; and
c. The information was not previously available.
Instant Equity Auto: The relevant information for this request for
reconsideration is that after the hearing was closed neither we nor
counsel offered to negotiate the time lines for sewer connection. We
believe a co promise could have been met and the development
agreement would have been changed and put in force.
Sincer ,
,:
E dy E. Christensen
~~~~
Daniel A. Burrup
INSTANT EQUITY AUTO, L.L.C. #1089
10221 WEST FAIRVIEW
BOISE, ID 83704
7-10: REQUEST FOR RECONSIDERATION: 1208) 378-4422
A. On unified development code (UDC) land use application matters, that are
governed by the local land use planning act of the Idaho state code, after a
final decision of the city council is rendered, but prior to the findings of facts,
conclusions of law, decision, and order are adopted a party may request the
city council reconsider their action. This step is optional and does not need to
be done to allow the party the ability to appeal a decision of the city council to
a court of appropriate jurisdiction as allowed by local land use planning act of
the Idaho state code.
To make such a request a party must meet the following criteria:
1. The requesting party must have been a party in the underlying action in
one of the following: the city; the property owner of the subject property; the
applicant for the project; or has presented written or oral testimony at the
public hearing where the final decision was rendered; and
2. The request must be in writing and presented to the city clerk no more than
seven (7) calendar days after the council action and decision have been
rendered; and
3. The request must state a basis for the request and a brief statement of
issues and decision that the requesting party is asking to be reconsidered;
and
4. The request must include, but is not limited to:
a. The party requesting reconsideration has relevant information; and
b. The relevant information was not previously presented and is in
response to something brought up at the previous hearing; and
c. The information was not previously available.
B. The city council will consider the request at the next regularly scheduled
meeting and the requesting party is not required to be present. The
requesting party will not have an opportunity to address the council; nor shall
the council invite the requesting party to provide testimony regarding the
matter. The council may grant or deny the request. This will be the final
decision of the city council.
C. If the city council denies the request, the city council will then approve the
findings of facts, conclusions of law, decision, and order for the affected
project.
D. If the city council grants the request, the requesting party must pay the fee for
a new public hearing within ten (10) calendar days of council grant of
reconsideration. If the payment is not made to the city clerk within the
specified time frame, the city council shall be notified at their next regularly
scheduled meeting and the request for reconsideration shall be rescinded.
E. All noticing shall be done in the same manner as all public hearings. If the
applicant for reconsideration is not the property owner they may post the
notice of hearing sign that is required by ordinance in the right of way, if they
have permission of the appropriate authority. The city council may waive this
requirement if necessary. The city council shall consider all relevant facts
regarding the reasons the property has not been properly posted and may
direct any reasonable measures it wants to assure that the public has
appropriate notice. The new hearing shall be conducted in the same manner
as all public hearings.
F. Upon payment of fees, the city clerk will schedule a new public hearing for the
application as allowed by this code and all noticing requirements shall be
mandatory. The new public hearing and ultimate decision shall be a final
action of the city council. No request for reconsideration may be accepted by
the city clerk on the decision of the city council from this hearing.
G. Only one request for reconsideration by any party may be sought on any
project. (Ord. 08-1366, 6-3-2008)
October 8, 2008
To Whom It May Concern:
Eddy Christensen and Daniel Burrup, owners of Instant Equity Auto at 10221 W.
Fairview Ave., would like to make a formal request for reconsideration of the hearing
dated 10/7/08 item number 11. We have relevant information that we believe will help us
derive at a conclusion on this matter. In discussing some of the concerns with staff and
Councilman Roundtree, we are confident that these relevant items will satisfy all parties
involved. Thank you for your consideration.
Sincerely,
Eddy E
Daniel A. Burrup