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S]I <br /> October 14,1222 <br /> President Gipson asketl 1P Mx. Stack present. Leery <br /> CxewPortl Lndlcatetl that he was unable to attend. <br /> Councilman Pope suggested delaying this proceeding so that Mr. <br /> Stark would be able to attend. Jim Iles, Assistant City <br /> Attorney, reminded conciimembers that the purpose of this <br /> public meeting today is to determine if the hearing•examiner <br /> erred. If so a public hearing can be held later. <br /> Larry Crawford In rebuttal stated that the alley is unimproved, <br /> there is vegetation at o end of the 'Alley, er there is <br /> c <br /> means to provide access for emergency vedicles. The-Utilities <br /> Department has been contacted. There is a sewer main in the <br /> right-of-way; however, Utilities does not see any problem with <br /> the issuance of this permit. The Nearing Examiner did address <br /> the exclusive issue. <br /> Jim Iles,Assistant City Attorney, stated that an issued raised <br /> was <br /> inadequate notice. me ordinance reads that it is vthe <br /> responsibility of the appellant to provide a list of <br /> individuals within 500 feet. The appellant attempted to <br /> provide adquate notice. The city made good faith effort to <br /> assist the appellant. The ordinance does not provide for any <br /> n <br /> notice'requirements for appeals. The zoning code not an <br /> Cissue vn the ' <br /> J. B.Brandt, 4614 Alger Avenue, replied.that the'zoning code <br /> was an issue because in a single residential area a permit was <br />• issued. I[ is not s single residential area but contains an <br /> R-2 and a public institution. 2) A mailing list Was pnotice. <br /> containing six x names. Only ffrom <br /> of those received, mac notice. <br /> wthe <br /> Pastor 0randt eatl name: <br /> letter Pxom Joyce Emtlson, member of the <br /> been <br /> C ncil, alleging that a property line stake may have <br /> been m w<e. <br /> Councilman Diamond asked shy only four residents <br /> notified. Larry crawfortl answered that only residents within <br /> I the circumference of 500 feet were notified. <br /> Councilman Moser asked if there were any other utilities in the <br /> allay. Mr.Brandt replied that there was also a utility pole. <br /> President Gipson summarized that the problem was not a zoning <br /> issue but a policy issue. <br /> Attorney Richardson responded that it is a policy issue but <br /> also a legal issue. The city has defined what the requirements <br /> are for a special permit and that has to be a non exclusive use. <br />