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Memo to the Mayor and City Council Page 2 <br />January 21, 1997 <br /> <br /> length of time needed to reach a decision would be about one month, and <br /> an applicant would only have to attend one meeting. <br /> <br />The City Council's planning agenda will be shorter because they will no <br />longer review variances and appeals. However, there may be an occasion <br />when the Council will hear an appeal of a decision made by the Planning <br />Commission acting as the Board of Adjustment. <br /> <br />Designating the Planning Commission as the Board of Adjustment should <br />not make their meetings last any longer because the Commission already <br />reviews variances and makes recommendations to the City Council.. <br /> <br />Board Procedure <br /> <br />The Planning Commission would have to convene separately as the Board of <br />Adjustment. Since there are occasions when an application, such as a <br />request for a CUP, requires a variance prior to considering the CUP request, <br />it would seem the best time to convene as the Board of Adjustment would be <br />just prior to their meeting as the Planning Commission. Convening as the <br />Board of Adjustment would involve making a determination on each request. <br />The format would be similar to the procedure currently followed when the <br />Commission is acting as the Planning Commission. The major difference will <br />be that the determinations made when acting as the Board of Adjustment <br />will be final and not recommendations. <br /> <br />Appeals Process <br /> <br />It should be noted that anyone can appeal a decision made by the Board of <br />Adjustment; the applicant, a City Council member, a Planning Commission <br />member, staff or anyone from the public can file an appeal. The appeal has <br />to be filed within 10 days of the decision and is filed with the City Planning <br />Department. <br /> <br />Because of the time requirements for publishing the public hearing notice, it <br />might be difficult to get the appeal on the regular City Council agenda. If the <br />applicant can file the appeal within 5 days of the decision, it is likely that the <br />appeal can be heard by the City Council along with the other planning items; <br />if the appeal is filed later than 5 days, it is likely that the publishing <br />deadline can not be met and the appeal will be heard at a later date. In any <br />case, unless the time period is extended with the consent of the person who <br />appealed and the person who applied to the Board, the appeal must be heard <br />within 30 days of the date that the appeal was filed. <br /> <br />s:\planningXscottXoa9617cc.doc <br /> <br /> <br />