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1 based upon this information rather than appealing a decision based on incorrect or 2 inadequate information. The City Council may choose to amend the appeal process to 3 state that the City Council (acting as the Board of Adjustments and Appeals) will 4 reconsider only the evidence that had previously been considered as part of the original 5 decision (whether at a Variance Board meeting or in discussions with staf�. 6 2.4 Concerns regarding the "60-Day Clock": Based on subsequent conversations with the 7 City Attorney, there is concern regarding the ability to consider the appeal within the "60- 8 day clock." An applicant may, however, request an extension to the 60-day clock at any 9 time, and it is being suggested that such a request be a requirement of the appeal process. 10 3.0 SUGGESTED COUNCIL ACTION: 11 3.1 BY MOTION, RECOMMEND TO THE CITY COUNCIL THAT IT CONSIDER THE 12 FOLLOWING ACTIONS: 13 3.2 AMEND CHAPTER 1014.04(C)(2) of the City Code to read: "The written appeal shall 14 state the specific grounds upon which the appeal is made, shall include a rec�uest for a 60- 15 dav extension for official city consideration of the ori ig nal application, and shall be 16 accompanied by a fee established by resolution of the city council. A�e�g up blic 17 meetin� regarding the matter shall be held before the Board of Adjustment and Appeal at 18 � a regular meeting held within thirtv (302days of the receipt of the required written 19 a�peal, �,,,,�; ��.,:+t� ��,o „+;,. o o„+� „a ,.��,o oa, r+„ oa liVI1J1JLGf 2p �''��^*°r , n4 ^�*'�;° �'^a° A mailed notice of the public meeting at which the appeal is to 21 be considered shall be sent to members of the Variance Board (if applicable) and to all of 22 those propertv owners within 350 feet of the subject propertv as well as the owner and 23 tenants if anv) of the subject propertx 24 3.3 AMEND CHAPTER 1014.04(C) of the City Code to add subparagraph (3) stating: The 25 Board of Adjustments and A�peals will reconsider only the evidence that had previously 26 been considered as part of the formal action that is the subiect of the appeal. New or 27 additional information from the appeals applicant mav be considered bv the Board of 28 Adjustments and Appeals at its sole discretion, if that information serves to clarifv 29 information previously considered by the Variance Board and/or staff. 30 31 32 Attachments 33 o Text from Roseville City Code section 1014.04(c) Board of Zoning Adjustments and 34 Appeals: Appeals; 35 o Excerpt from the minutes of the March 20, 2007 Roseville City Council Study Session; 36 o Memorandum to the Roseville City Council dated March 14, 2007; 37 o Excerpt from the minutes of the February 12, 2007 Roseville City Council Meeting; 38 o Excerpt from the minutes of the December 6, 2006 Roseville Planning Commission 39 Meeting. PF3800_RCA_Variance_Appeal_042307_042307 Page 3 of 3