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•] H <br /> �9 � <br /> b 5 <br /> Cy H � <br /> r y y <br /> H � H <br /> K n <br /> H � <br /> b M � <br /> N H <br /> � �3 � <br /> Appeal#5-92 <br /> � � � Page -3- <br /> c� - <br /> �N y <br /> � EMC 13.50.030 sets forth the e�abling authority f�+r special temporary uses of City right-of- <br /> �, o y way. The use must be non-exclusive and not interfere with public cunvenience. It is the <br /> � � r opinion of the Hearing Examiner that the use of the Applicant is non-exclusive. Other <br /> a � portions of the right-of-way in this particular area could be used by other individuals with <br /> the acquisition of a permit. The right-of-way between Alger Avenue and Co!!ege Avenue is <br /> not the exclusive right of the Applicant. <br /> The provisions of EMC 13.30.040.4.2 do apply. This ordinance sets forth the conditions in <br /> which permits can be granted and has been reviewed, and the Applicant satisfies the <br /> criteria therein. <br /> Accordingly, the permit was granted. <br /> IV. Conclusion <br /> I ��� The Motion for Reconsi�eration has been considered, and the decision as set forth in the <br /> ' July 31, 1992, decision of the Hearing Examiner remains as stated. <br /> I ��.� Done and dated this 1st day of September, 1992. <br /> �,�I <br /> �� /�1. �,�.�ee. <br /> � _� �mes M. Driscoll <br /> Hearing Examiner <br /> 1 ,'�j <br /> ., <br /> �I,s�1 ' <br /> i <br /> i <br /> ��. <br />