HomeMy WebLinkAboutCUP 00-008 FindingsBEFORE THE MERIDIAN CITY COUNCIL
03-07-00
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR
TIME EXTENSION OF TEMPORARY
CLUBHOUSE,
CHERRY LANE RECREATION, INC.,
INC.
APPLICANT. )
CASE NO. CUP-00-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF DECISION
GRANTING A TIME
EXTENSION
The above entitled matter coming on regularly for public hearing before the City
Council on March 7, 2000, at 7:30 o'clock p.m., at Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and Brad Hawkins-Clarlc, Assistant Planner for the Planning and Zoning
Department, appeared and testified, and Mike Spinlc, appeared and testified on behalf of
the Applicant, and appearing and commenting was Gordon Margulieux, and the City
Council having received the transmittal to agencies and having received the conditional
use application for time extension application, having heard the testimony presented, being
fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 1 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
FINDINGS OF FACT
1. 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 Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps.
2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E
and 419 D as evidenced in the record of this matter.
3. The property is located at 4100 W. Talamore, Meridian, Idaho.
4. The Lessee of record of the subject property is Cherry Lane Recreation,
Inc. of Meridian.
5. Applicant is Lessee of record.
6. The subject property is currently zoned R-4 (Low Density Residential).
The zoning district of R-4 is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2C.
7. The proposed application requests a conditional use permit for time
extension of temporary clubhouse during construction and for construction of a new
clubhouse. The R-4 zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses
including those requested by the Applicant. (Meridian City Zoning and Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 2 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
Ordinance, Section 11-8-1).
8. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
9. The use proposed within the subject application will in fact, constitute a
conditional use as deternlined by City Ordinance.
10. The granting of the requested time extension will not be detrimental to
the public's welfare or injurious to other property in the area of the proposed use, and,
in fact, the development will be in accordance with the conditions of approval.
11. The applicant paid the fee established by the City Council for application
for a time extension for the conditional use permit.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the
Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in
particular, by the provisions of Idaho Code § 67-6512 to provide as part of its zoning
ordinance for the process of applications for conditional use permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-6512
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in the Meridian City Code.
3. The requirements for the processing of a conditional use permit are set forth
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 3 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
in Idaho Code § 62-6512 and Meridian City Code §§ 11-17.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
1. That Applicant, Cherry Lane Recreation, Inc., is hereby granted an eight (8)
month time extension for the construction of the clubhouse by Cherry Lane Recreation,
Inc., and use of a temporary clubhouse for the period of construction.
NOTICE OF FINAL ACTION
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
an interest in real property which may be adversely affected by the issuance or denial of
an eight (8) month time extension for the conditional use permit for construction of a
clubhouse and use of a temporary clubhouse during the period of constriction, 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.
7~i
By action of the City Council at its regular meeting held on the ~5 - day of
~~zG'`~ , 2000.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 4 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED ~
COUNCILMAN KEITH BIRD VOTED ~L
COUNCILPERSON TAMMY deWEERD VOTED
COUNCILPERSON CHERIE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~-IS-OD
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
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City Clerlc
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 5 OF 5
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
RE°E~D
CITY OF 1~RIOIAN
BEFORE THE MERIDIAN CITY COUNCIL
03-07-00
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR
TIME EXTENSION OF TEMPORARY
CLUBHOUSE,
CHERRY LANE RECREATION, INC.,
INC.
APPLICANT. )
CASE NO. CUP-00-008
ORDER GRANTING AN
EIGHT (8) MONTH TIME
EXTENSION FOR THE
CONSTRUCTION OF
TEMPORARY CLUBHOUSE
This matter coming on regularly before the City Council on the 15`'' day of
March, 2000, upon the Applicant's time extension application for a six (6) month
extension within which to complete the construction of the temporary clubhouse and
good cause appearing;
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The above named Applicant is granted an eight(8) month extended period of
time from the date of this Order within which to complete the construction on the
clubhouse, and use of a temporary clubhouse during the period of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 1 OF 2
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)
By action of the City Council at its regular meeting on the 15th`'' day of
March, 2000.
DATED this ~~day of ~'~~ C~'y , 2000.
_ or Robert D. Corrie
Copy served upon the Applicant, Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
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City Clerlc
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -PAGE 2 OF 2
AND ORDER OF DECISION GRANTING A TIME
EXTENSION (CUP-00-008)