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Z - Council Decision on Findings sent to Mr. Tsai CR-2021-0005 Charlene Way From:Chris Johnson Sent:Monday, September 13, 2021 12:13 PM To:Brian Cc:Charlene Way; Emily Kane; Bill Nary Subject:Written Findings - CR-2021-0005 Attachments:20210913122756399.pdf Mr. Tsai, Please find attached written findings of the Council’s decision on your Request for Reconsideration related to CR-2021- 0005. Chris Johnson, M.Ed., IdCMC City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjohnson@meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Mayor Robert E . Simison V IDIAtN --- City Council Members : Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke City Liz Strader WRITTEN DECISION ON REQUEST FOR RECONSIDERATION DATE : September 13 , 2021 TO : Brian Tsai Applicant, Conditional Use Permit 1-1-2021 - 0004 FROM : William L . M . Nary City Attorney RE : Request for reconsideration of Meridian City Council decision on application no . CR-202 1 - 0005 , application for review of the Planning and Zoning Commission ' s decision of approval of Conditional Use Permit application no . 1-1-2021 - 0004 Pursuant to Meridian City Code section 1 - 7 - 10 (A) (7) , the City Attorney of the City of Meridian hereby provides the following memorandum summarizing the decision of the Meridian City Council in the above-listed matter . 1 . At its regular meeting on August 17 , 2021 , City Council entered Findings of Fact , Conclusions of Law, and Decision and Order ("Findings/Order") on application no . CR- 2021 -0005 , filed by Michael and Cherilyn Kynaston and Jon and Cheri Hoeger, to - wit : an application for City Council review of the Meridian Planning and Zoning Commission ' s approval of Applicant Brian Tsai ' s Conditional Use Permit application no . 1-1-2021 - 0004 , to operate a drinking establishment, nightclub , and music venue on a portion of 3 . 26 acres of land in the C -G zone . 2 . The August 17 , 2021 Findings/Order denied Conditional Use Permit application no . 1-1 -2021 - 0004 . 3 . On August 27 , 2021 , Applicant Brian Tsai filed a request for reconsideration of City Council ' s decision on application no . CR-2021 - 0005 , denying Conditional Use Permit application no . 1-1-2021 - 0004 . 4 . In accordance with Meridian City Code section 1 - 7 - 10 (A) (4) , the request for reconsideration was scheduled for hearing on September 7 , 2021 , and the City Clerk duly provided notice of such hearing to Applicant Brian Tsai . Ciity Attorney ' s Office . 33 E . Broadway Avenue , Suite #306 . Meridian , ID 83642 Phone 208 -898 -5506 . www . meridiancity . org 5 . At its regular meeting on September 7 , 2021 , City Council considered Applicant ' s request for reconsideration of City Council ' s decision on application no . CR-2021 - 0004 , and AFFIRMED such decision . The motion to affirm was made by Council Member Treg Bernt, seconded by Council Member Luke Cavener, and vote in favor of the motion was unanimous . 6 . Pursuant to Idaho Code § 67 - 6521 ( 1 ) (d) 5 if City Council ' s final decision concerns a matter enumerated in Idaho Code § 67 - 6521 ( 1 ) ( a) , pursuant to that provision and Idaho Code § 67 - 6535 (2 ) (b ) , an affected person aggrieved by the final decision may , within twenty- eight (28 ) days after the date of this Written Decision on Request for Reconsideration , seek judicial review as provided by chapter 52 , title 67 , Idaho Code . The City of Meridian does not admit by this notice that City Council ' s final decision is subject to judicial review under LLUPA . PREPARED and SIGNED on this 13th day of September, 2021 , pursuant to Meridian City Code section 1 - 7 - 10 (A) (7) . ajzv 0 � William L . M . Nary City Attorney CERTIFICATE OF SERVICE j I HEREBY CERTIFY that on this 13th day of September, 2021 , I provided a true and correct copy of the foregoing WRITTEN DECISION ON REQUEST FOR RECONSIDERATION to the Applicant by the method(s) and addressed as indicated below : Brian Tsai ❑ U . S . Mail brian@theoasismeridian . com ❑ Personal Delivery E-mail Q°SPIED AUGUST 2 Cily of w C.�VI E IDIAN*- - Bys IDAHO 1 c6riwfo s �� AL City Clerk mzTF ��P RQ/ the TREP`'J WRITTEN MEMORANDUM RE : REQUEST FOR RECONSIDERATION OF MERIDIAN CITY COUNCIL DECISION ON APPLICATION NO . CR-2021 -0004 PAGE 2