1992/10/14 Council Minutes - Laserfiche WebLink

• 373 October 14,1992 0 the findsthat such may exist then it should either be remanded t0 public hearing before Council. If Council.finds Sthat an error does not exist the appeal should bed denied. On June 12, 1992, the City of Everett is sued Kevin Stark, "Applicant," Public Works Permit forPence to be constructed van unopened right-of-way between Alger Avenue Avenue College Avenue at the 4600 block. On June 17,1992Pastor J.B. Brandt, "Appellant," On behalf of the ion Lutheran Church, Piledane appeal of.the issuance.of te Public Works Permit 492-173. A hearing on the appeal w held before.the Hearing Examiner of the City of Everett on July 23, 1992. The Hearing E nr held that the permit w s properly granted and the appeal failed. A Motion for Reconsideration w submitted August 14, 1992) by the appellant Ca Zion Lutheran church. on Motion the ber for 1, ideration and statedner that the decision eaelas nset forth in July 31, 1992, decision of the Hearing Examiner r.mains as stated. Larry Cs awford, Public Works, gave aV brief overview. Mr. Crawfordstated that it has n the policy of Public Works over a umber o s to allow abutting property owners t0 use city owned right-of-way ne waythat is not improved. It is felt that fl the abutting property owner has s rights to that property. oever l / The permit given t Mr. me Stark for erecting a Pence on city right-of-way has aclause that states "should the city e euse d to right-of-way for any purpose, Mr. Stark will alsoavthefence at his.cost." A hold harmless agreement is ttached . • Shane Richardson, attorney representing Zion Lutheran Church, stated there were two basic problems: 1) Failure to provide notice to adjacent property owners living on alley; and 2) ties have not the been consulted or located. He stated that the Everett Municipal Code is clear that a spfecial temporary s e permit.may be granted where such anon o exclusive and r will not interfere with public c Hargud that nv erect public convenience will be affected and that this is not a non exclusive , Mr. Stark will be allowed to e a Pence around halft of alley. The Hearing Examiner's interpretation of thestatutes that Mr.Stark isn't the only one who c apply for this. ss Richardson asked that Council require more input Prem neighbors and dilutes or rescind Mr. Stark's permit.