1991/06/12 Council Minutes - Laserfiche WebLink

Ic r June 12,1991 Gerry Ermine, Planning Department, explair c. that they just received the letter and did not have time to review it; however, the concern is that a structure is being used as a , 1 residential structure on a single family lot, actuall tel structures on one lot. The hearing examiner has determined that this is not a legal use. He also stated that Mr. Butler, appellants' counsel, had not submitted e proper appeal request " mayd tnt hale standing tpeal tnca matter to Clinch. Erv e furthermeld is letter ahD1dhaoDeed submitted by March 1 when the appeal was first filed. The Planning Department feels there is en improper use of property at 1717 1/2 Baker Avenue that has been ongoing for some time and they have been trying to resolve this issue ,for approximately one year. City Attorney Bruce Junes felt that the motion to delay this could change Council's usual practice in handling such matters. Ordinarily when the appeal is filed the appeal Pointe ; are listed. Mr.Butler,attorney for the appellant, stated he was not aware (.3 of the rules and tinm schedule for filing an appeal. He stated he felt the hearing examiner did not take all factors into account. He just asked that Council hear the appellants. Coucilman Overstreet asked Mr.Butler if there was a particular reason for not filing this letter in a timely manner. Mr. Butler stated there was none. Roll was called on the motion with all councilmen voting no except Councilmen Moser and Gipson who voted yes. Motion failed. Moved by Councilman Overstreet, seconded by Councilman Moser to adopt Resolution No. NV denying the appeal of David Guadalupe as follows: !,1 WHEREAS, David Guadalupe's attorney, Franklin C. Butler submitted a letter requesting en appeal of the Hearing Examiner's decision;and C C