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In,1.2,1990 <br /> 192 <br /> J.N, by. VenSant has appealed <br /> sled the decision <br /> exet n to of <br /> the theCity Land <br /> C until Use HearingThe <br /> 4 Examines decision and r on <br /> action required Of Council is:si <br /> 1. Affirm Hewr,ng Examiner decision to grant appeal. <br /> x F' 2. Remand toHearing Examiner (After ublic meeting, if <br /> Council determines that n erroneousprocedure, error <br /> '1 In fact or law may exist in the record). <br /> 3. Hold Puicnaearing aver(atse Me apo sinn°e fCtuncilarear <br /> Examiner).bleme r <br /> ( Councilman Gipson stated for the record that Mr. Cattle was an <br /> attorney <br /> a <br /> for <br /> estate <br /> decisione on ipsonis aise t e executor,but that he <br /> couldm <br /> [ad40xtl N.Cattle,Attorney for He. VenSant,stated the grounds for <br /> the appeal are as follows: <br /> 1. Thial <br /> e <br /> tog supportua his conclusion that asion lacks scommercial <br /> usage of the main floor of the property did not exist. <br /> 2. The Hearing Examiner's decision lacks substantial <br /> evidence to support <br /> conclusion <br /> the p otthere was no <br /> F non-conforming x eide tialusage of <br /> 3. The Hearing Examiner erroneously allocated the burden <br /> P proof in the appeal to the property own when, in <br /> a fact, the appellants should have had theburden of <br /> proof. <br /> 4. The Hearing Examiner, ontrar t to law, found the <br /> of <br /> tive <br /> lackof of <br /> businecommercsslicense in ofactrecords <br /> bf the e ea that <br /> I s <br /> there we substantial usage testimony of a lengthy and <br /> ' continued commercial usage of the property. <br />{.:".. 5. Theu He rteg byxamiaecision is contrary to law and <br /> { uns substentev <br /> fk LMx.Cattle salads th k e decisionldt thatltlmeearing to retire all Of <br /> the teatleOtr an ma a <br /> I r' Terry Slatten, 4100 S 3rd Avenue, representing the Lowell neighbors, <br /> objected to-Mr.Cattle's interpretations of the evidence and stated <br /> Examiner <br /> ' that sufficient evidence has been provided to the Hearin <br /> and hhis decision visd ncorrect. He asked that Council affirm the <br /> Hearing Examiner's decision. <br /> .1' Moved by Councilman Morrow, seconded by Councilman Overstreet to <br /> adopt Resolution Nn. 3326, upholding the Hearing Examiner's <br /> decision to grant te appeal of Terry Slatten, Joann B. Wildman, <br /> Nark Sullivan, and Carol Lively denying Non-Conforming Use <br /> I1as follows: <br />