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309 <br /> Aug.9,,1989 <br /> RESOLUTION-HEARING EXAMINER DECISION <br /> NdOpt Resolution lto.aria oa e'follpwsded Sy Councilmember A!amond so <br /> WHEREAS,on Sept.2,1988,John Robinett,1001 Broadway'0010, <br /> Everett, Washington submitted a Boundary Line Adjustment in <br /> orc rdance with the City of Everett Boundary Line Adjustment <br /> dinance•and <br /> WHEREAS <br /> of <br /> ed sid <br /> application021-88 and ffound it t t Planning becosistentmwwith the ent wCityeof <br /> Everett Boundary Line Adjustment Ordinance and granted Preliminary <br /> approval on Oct.28,1988{and- .. <br /> WHEREAS,adjacent propertyowners filed en appeal Sr the City <br /> of Everett Planning Departmenwdecision to Grant Preliminary <br /> Approval of Boundary Line Adjustment 921-88 on February 10,1989;and <br /> WHEREAS <br /> R h C 19B9.f Erett HearinExaminer At this tearing testimon held was en appeal <br /> hearingonApril6, <br /> for-89 resented <br /> for d aagainst granting the Approval of Boundary Line Adjustment <br /> WHEREAS, on April 28, 1989 the City Cr Everett Hearing <br /> Examiner renderedhis decision that he had no jurisdictional <br /> authority to hear the appeal because the time for filing an appeal <br /> on the boundary line adjustment preliminary approval had lapsed,and <br /> WHEEREAS, on u e 12, 1989 appellants Ratliff and Hallerman <br /> filed pp 1 to the ntierett City Council:and ,; <br /> WHERE <br /> S, the <br /> the Everett City Council of With Everett mlete Planning <br /> the <br /> nt tter furnished <br /> before �'r3 <br /> the Hearing Examiner;end a Sra ma <br /> WHEREAS, at a public eti g after reviewing the record and <br /> hearing argument from Appellant Kellerman nd the applicant, the jfd <br /> Everett City Council found that a substantial error in procedure, <br /> fact orlawdid o[exist in the record and denied the appeal of Al <br /> Boundary Line Adjustment 921-88. <br /> NOW,.THEREFORE, BE IT RESOLVED BY THE EVERETT CITY COUNCIL 4 R3� <br /> THAT: <br /> They Everett City Council hereby finds that substantial error <br /> in procedure,fact or law does not exist in the record of the appeal <br /> of Boundary Line Adjustment 921-88 and the appeal is denied. <br /> Further, the council adopts the Hearing Examiner's findings, <br /> April 28,conclusions,989 n whichisdecision pattached statedin <br /> and written incorporatedn report hereited <br /> by <br /> references. <br /> Roll was called with all councilmembers voting yes except <br /> Councilmember Morrow who voted no. <br /> Motion carried. <br />