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289 <br /> July 26,1989 <br /> Examiner, after a Public Hearing, ruled that he had no <br /> Jurisdictional authority to hear the appeal because the time for <br /> Piling an appeal on the boundary line adjustment had lapsed. The <br /> decision of the Planning Department of October 31,1989 is effective <br /> and boundary line adjustment approval stands. <br /> councllmembex Morrow questioned why the citizens hadn't been given <br /> notice dP tM11s. <br /> Bob Landles of the Planning Department, saitl the Boundary Line <br /> Adjustment Ordinance did not provide for notice to the <br /> residents, but because P the directions given byu the ce nail area <br /> l <br /> u <br /> make sure 11 residents be notifed,the ordinance as beingamended <br /> now to provide notice. <br /> Mr.Moods said the City Council must examine the record at a public <br /> meeting and determine if there is a s procedure o error <br /> in Pact or law. If, after the a amination of such record nat the <br /> public meeting, the council determines that substantial error in <br /> procedure, Pact or law does not exist In the record, it shall deny <br /> the appeal. If after examination of the record at the =public <br /> meeting,council determines that a s procedure or error in <br /> fact or law may exist In the record,it nshallmand the proceeding <br /> to the Examiner for reconsideration after a public hearing, it <br /> may modify,remand o reverse the decision of the Examiner. <br /> Recommendation is to determine thatsubstantial error in fact or <br /> law aces not exist In the record and drr <br /> deny the appeal, <br /> J.Robert Leech,Attorney for Ross Kellerman, the appellant, said a <br /> notice wasrequired under the Short Plat Ordinance, when he first <br /> applied. He id this is not a boundary line adjustment because it :.. <br /> creates a new building site. <br /> John Robinette said he received notice that the final approval had 'x <br /> been given so he had the lot recorded and if he wanted to, could 1 A <br /> sell the property. I,....th <br /> Martin Robinette said preliminary approval had been issued in <br /> October of 1988 and no appeal hes been filed so the council should ;'�.�� <br /> not be hearing this today. <br /> Jlm Iles Aeat.City Attorney,Pelt the c until hatl night to heat <br /> deolslppeels filetl with the paunch on the Hearing Examiners <br /> Or. Leach questioned the word render in the ordinance, saying the iF:. <br /> word does not mean setting <br /> a certain time for notice. He said the <br /> first time the neighbors realized something was going to happen was <br /> when the surveyors came out. Up until that time they had no <br /> notice <br /> that the lots were being changed. ., <br /> objRichard d.Hagen of 3415 Tulalip end Holly Mackey of 3415 Bell both <br /> ecte <br /> President Riva said it s emed the c uncil could not remand it back <br /> to the Examiner as he said he did not have jurisdiction and It v <br /> actidelay n takencsoee <br /> ttion oday with a public hearing but there should be some <br />