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151 <br /> March 27,1991 <br /> Moved by Councilman Moser, seconded by Councilmen Gipson to <br /> uphold the Hearing Examiner's decision on the basis that no <br /> error in fact, law, or procedure has been made by adopting <br /> Resolution No.3452 as follows: <br /> WHEREAS,Phil Foulest filed an appeal of the Hearing Examiner's <br /> decision;and <br /> rlIE:gaifu=t,%Cgter 2.23 E.M.C. the City Council did <br /> WHEREAS, the City Council reviewed the record of the Examiner <br /> in this matter and heard statements from Mr. Foubert and city <br /> staff concerning the appeal; <br /> NOW, THEREFORE,BE IT RESOLVED by the City Council of the City <br /> of Everett that the record contains no erroneouS PrOCedUre Or <br /> substantial error in fact or law and therefore'denies the <br /> appeal. <br /> rYoten'asTo=":Zo'hjse'Ldthg:s'no'rt-7117 atPtern'alln <br /> (: but to proceed to court. <br /> :=2,segruce Jones sai.d he may want to challenge the zoning <br /> Rcla was called with all councilmen voting yes except <br /> Councilman Pope who voted no. <br /> Motion carried. <br /> Councilmembers requested that Mr. Ervine explain the different <br /> options again,which he did. <br /> Moved by Councilman Moser,seconded by Councilman Overstreet to <br /> remand this back to the Planning Commission to be brought <br /> forward to us under the building changes that they are <br /> currently studying. <br /> Councilman Diamond questioned the Commission's time frame. Mr. <br /> Ervine said the study could include looking at 1) Comp Plan <br /> Changes and/or 2)text changes. <br /> 0::' Councilman Overstreet felt there needed to be a Comp Plan <br /> Change. <br /> C <br />