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26 right to petition or otherwise influence zoning and land use decisions that affect their own <br /> 2/ property. Denial of petition rights in this circumstance is contrary to the intent of the ordinance. <br /> 28 Appeals of administrative decision made by the Community Development Department,under Chapter <br /> 29 1009.08, are required to go the City Council acting as the Board of Adjustment and Appeals. <br /> 30 STAFF RECOMMENDATION <br /> 31 The City Attorney has outlined the procedural issues at hand and a recommended course of action to <br /> 32 consider the appeals. The City Attorney recommends that these appeals be sent to the February rd <br /> 33 Planning Commission for their review. The City Attorney has also prepared a memo to respond to <br /> 34 questions raised by Mayor Roe regarding the appeals. <br /> 35 REQUESTED COUNCIL ACTION(AS AMENDED 4:00 P.M., 1/07/11) <br /> 36 Motion to refer the appeal of staffs administrative decision to reject a petition requesting a <br /> 3 Comprehensive Plan amendment on properties located at 3253 and 3263 Old Highway 8 to the <br /> 38 February 2, 2011 Planning Commission meeting for their review and recommendation. <br /> 39 <br /> Prepared by: Patrick Trudgeon,Community Development Director (651)792-7071 <br /> Attachments: A: Appeal from Woods Edge Home Owners Association and Old Highway 8 neighborhood residents <br /> regarding the rezoning of 3253 and 3261 Old Hwy.8 <br /> B: Memo from City Attorney regarding procedures to consider land use appeals. <br /> C: Memo for City Attorney responding to questions regarding the petitions from Mayor Roe. <br /> Page 2 of 2 <br />