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I .� � :� � �. � r �i � 1 �l 11 � �� 1� �4 Regular City Council Meeting — DRAFT Minutes Monday, April 23,2007 Page 11 dred and fifty feet (350') of the subject property as well as the owner and tenants (if any) of the subjectproperty.]" Amend Chapter 1014.04(C} of City Code to add subparagraph (3)stating: "[The Board of Adjustments and Appeals will reconsider only the evidence that had previously been considered as part of the formal action that is the subject of the appeal. New or additional information from the appeals ap- plicant may be considered by the Board of Adjustments and Appeals at its sole discretion, if that information serves to clarify information previously considered by the Variance Board and/orstaff.]" Note: Mr. Stark noted that the proposed amendment to Chapter 10'[4.04(C)(2} indicated by a"double strike-ouY' was proposed following additional dis- cussion with and research by the City Attorney. E� �� Discussion included rationale for the proposed language amendments; 1� legal rights of land use applicants being upheld even with the l� amended language, but making the appeal process less burdensome 1� for the City; and the ability of the City to retain flexibility regarding � [� �] �� �� .�� hearing additional evidence. Mayor Klausing opened and closed the Public Hearing at 7:1 S pan. with no one appearing for or against. �� Roe moved, Pust seconded, enactment of Ordinance No. 1347 entitled �� "Amending Chapter 1014.04 (C) (2) and Chapter 1014.04 (C) relating �'� to Variance Board Appeals Process" as detailed in the staff repoi-t �� dated Apri123, 2007; and amended as previously indicated to read as ��+ � [� �_ �? �� �� 3� �if� 3� �� �{� 4{� .� �� �� � �� 4� �� 4� �� 4� follows: Amend Chapter 1014.D4(C)(2} of the City Code to read: "The written appeal shall state the specific grounds upon which the appeal is made and shall be accompanied by a fee established by resolution of the City Council. A public meeting regarding the matter shall be held before the Board of Adjustment and Appeal at a regular meeting held within thirty (30) days of the re- ceipt of the required written appeal. A mailed notice of the public meeting at which the appeal is to be considered shall be sent to members of the Variance Board (if applicable) and to all of those property owners within three hundred and fifty feet (350') of the subject property as well as the owner and tenants (if any) of the subject property." Amend Chapter 1014.04(C} of City Code to add subparagraph (3)stating: "The Board of Adjustments and Appeals will reconsider only the evidence that had previously been considered as part of the formal action th�� is the subject of the appeal. New or additional information from the appeals applicant may be considered by the Board of Adjustments and Appeals at its sole discretion, if that information serves to clarify information previously considered by the Variance Board andlor staff."