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1 2.2 Notification: Currently, the language in the City Code related to a variance appeal states 2 that the notice requirements shall be consistent with the notice requirements for public 3 hearings. In addition to staff s conclusion that the consideration of the appeal should not 4 be required as a Public Hearing, another problem results from the language related to the 5 timing of consideration of the appeal being in conflict with noticing requirements legally 6 required of public hearings. 7 The Code requires that an appeal be filed within ten (10) days of the Variance Board's 8 ruling and subsequently heard by the City Council at its "next regular meeting." This 9 results in a case where the elapsed time between the filing of the appeal and the 10 designated City Council meeting can be as few as five business days. The public hearing 11 notice requirements, however, state that notice of the hearing be published in the 12 newspaper at least ten (10) days prior to the hearing — which would be an impossibility 13 under current requirements. Additionally, it would be difficult for staff to create, print 14 and mail a mailed notice in a manner that would provide neighbors with sufficient notice 15 in the time between the filing of an appeal and the City Council consideration. 16 Based on the discussions held by members of the Variance Board, Planning Commission 17 and City Council, staff has concluded that the desired policy would provide for 18 notification of a City Council consideration of an appeal in a manner that is not in conflict 19 with either the appeal process or with notification requirements. Based on this 20 conclusion, staff is recommending that two amendments be made to the process: first, 21 that the City Council consider an appeal within 30 days of the filing of an appeal (rather 22 than at its "next meeting") and; secondly, that mailed notification be provided to 23 members of the Variance Board (if applicable) and to those adjacent property owners 24 within 350 feet of the property. 25 2.3 Items to be considered in the appeal process: The ordinance regarding the appeal 26 process is silent as to whether the intent of the appeal process is for the City Council to 27 reexamine the exiting record of the Variance Board's or staff decision or whether the City 28 Council is to consider new evidence. Based on staffls discussions with City Council 29 members, there is some desire among the City Council that they only consider evidence 30 that was previously considered as part of the original decision-making process. Staff 31 concurs with this position and is recommending that the appeal process be amended to 32 state that the City Council (acting as the Board of Adjustments and Appeals) will 33 reconsider only the evidence that had previously been considered as part of the original 34 decision (whether at a Variance Board meeting ar in discussions with staffl. 35 3.0 SUGGESTED COUNCIL ACTION: 36 3.1 BY MOTION, RECOMMEND TO THE CITY COUNCIL THAT IT CONSIDER THE 37 FOLLOWING ACTIONS: 38 3.2 AMEND CHAPTER 1014.04(C)(2) of the City Code to read: "The written appeal shall 39 state the specific grounds upon which the appeal is made, and shall be accompanied by a 40 fee established by resolution of the city council. A�g public meeting regarding the 41 matter shall be held before the Board of Adjustment and Appeal at'��m a regular PF3800_RCA_Variance_Appeal_021207 Page 2 of 3