Z - Council Decision on Findings Sent to Mr. Tsai CR-2021-0004
Charlene Way
From:Chris Johnson
Sent:Monday, September 13, 2021 12:13 PM
To:Brian
Cc:Bill Nary; Emily Kane; Charlene Way
Subject:Written Findings - CR-2021-0004
Attachments:20210913122746305.pdf
Mr. Tsai,
Please find attached written findings of the Council’s decision on your Request for Reconsideration related to CR-2021-
0004.
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
E IDIAN =-- City Council Members :
i+ Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
Luke Cavener 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
q Y PP
CR-202 1 - 0004 , 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 - 0004 , filed by Robert Black Jr. , on behalf of Land Baron Investments , 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 . H- 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 - 0004 , 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 .
i
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 - 0005 , 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) , 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 - 74 0 (A) (7) .
William L . M . Nary
City Attorney
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13th day of September, 202 1 , 1 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
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WRITTEN MEMORANDUM RE : REQUEST FOR RECONSIDERATION
OF MERIDIAN CITY COUNCIL DECISION ON APPLICATION NO , CR-2021 -0005 PAGE 2
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