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31 A. An appeal pertaining to a decision of the Variance Board or an administrative ruling of the 32 Community Development Department regarding any interpretation of the intent of this Title, or any 33 administrative action approving or denying an application or request related to any matter addressed 34 in this Title may be filed by any property owner or their agent. 35 1. The appeal shall be submitted to the City Manager within 10-calendar days after the making of 36 the order or decision being appealed. 37 2. The appeal shall state the specific grounds upon which the appeal is made. 38 3. The appeal shall be accompanied by the fee set forth in Chapter 314 of this Code. 39 B. When an appeal is filed, a public meeting regarding the matter shall be held before the City 40 Council, acting as the Board of Adjustments and Appeals, at a regular meeting held within 30 days 41 of the receipt of the appeal. The Board of Adjustments and Appeals will reconsider only the evidence 42 that had previously been considered as part of the formal action that is the subject of the appeal. 43 New or additional information from the appeals applicant(s) may be considered by the Board of 44 Adjustments and Appeals at its sole discretion, if that information serves to clarify information 45 previously considered by the Variance Board and/or staff. 46 1. Variance Appeals: A mailed notice of the public meeting at which the appeal is to be 47 considered will be sent to the appeals applicant(s), members of the Variance Board, and to all of 48 those property owners within the public hearing notification area established in Chapter 108 of 49 the City Code, as well as the owner of the subject property. 50 The applicant met the 10-calendar deadline to file the appeal. While the appeal could not be heard within 51 30 days of receipt given the City Council meeting schedule, it was placed on the first available meeting 52(33 days) and the applicant was notified of the meeting date. The required fee has been paid and notice 53 of the appeal has been provided in accordance with Chapter 108. 54 55 56 Equity Impact Summary 57 An equity analysis is not indicated for this action. 58 59 Budget Implications 60 Per the City adopted Fee Schedule, appeals of a commercial nature require submission of a $325 61 application fee, which the applicant has paid. 62 63 64 Staff Recommendations 65 Convene as the Board of Adjustment and Appeals and make a determination on whether to uphold the 66 Variance Board’s denial or grant the appeal. A draft resolution is provided in Attachment 4, which staff 67 will finalize based on the Board of Adjustment and Appeals decision. 68 69 Requested Council Action 70 By motion, make a determination on whether to uphold the Variance Board’s denial or grant the appeal. 71 The motion should include findings in support of the decision, which will be memorialized in the draft 72 resolution provided in Attachment 4. 73 74 Page 2 of 3 Qbhf!8!pg!299