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• <br /> • <br /> 40 <br /> January 22,1986 <br /> •• Councilman Niva stated that according to the appeal, the covenants <br /> do not allow for short plating and she asked if the-covenants had <br /> been reviewed prior to the deeision.• <br /> Mr.Jones stated that not all covenanta.were.enforcable.andthat the• <br /> enforcement of the covenants is generally the responsibility of the <br /> homeowners association or the property owners,but that they could <br /> be considered in a variance request. <br /> Councilman Overstreet stated that he felt strong/Y about the <br /> principal of condoning an illegal act of Converting the shop to <br /> living quarters. He felt that the hearing exaMiner did not address <br /> this point and felt that a substantial error in fact or law may <br /> exist and he would recommend to vote ugainst the motion to deny the <br /> appeal. <br /> 2=1;toulde=ed=et=li=tWtth:tilgin:uttltiVe <br /> . • <br /> moved. <br /> Boll was called with Councilmen Langua and Stephenson voting Yes, <br /> Councilmen Niva, Morrow, Overstreet and Gipson voting no and <br /> Councilman Pope was excused. • <br /> Notion defeated. <br /> Moved by Councilman Morrow, seconded by Councilman Overstreet to <br /> remand the appeal to the Hearing Examiner for reconsideration of all <br /> issues and to also include a review in the covenants and the <br /> .self-inflicted.hardship issue in his...ration. <br /> Roll was called with all councilmen voting Yes except Counailmen <br /> Pope who was excused. <br /> Notion carried. <br /> COUNCIL BILL NO.861-3 <br /> FINAL READING. <br /> "- AN ORDINANCE supplementing appropriations of the budget for <br /> the.City of EVerett for 1985 and amending Ordinance No. <br /> 1127-85 as amended by Ordinance Nos. 1143-85, 1147-85, <br /> 1157-85, 1160-65,' 1162-85, 1168-85, 1188-85,•1191-85, and <br /> 1206-85,and declaring an eMergenty tO OXiSt. <br /> moved hy Councilman Stephenson, seconded by Councilman Overstreet <br /> that this is declared to be the final reading of Council Bill No. <br /> 861-3 and the City Clerk is directed to call the roll for the final' <br /> disposition of the ordinance. <br /> AYES: Lengss, live, Stephenson, Gins., Mor/G, <br /> Overstreet <br /> NAYS: No. <br /> SXCOSED, Pope <br /> Ordinance No.1223-86 adopted. <br /> , . <br /> • <br /> • <br />