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J <br /> µ'; �L :y.:v+Fi.r., '". �'»_r., ��.: .c. ��nf• . L'i �T•�: d��C6A'�c.YY: . ��� � - . <br /> �� <br /> K' G <br /> C; H <br /> N <br /> �� H Y uate <br /> � y �' decision of this sort must be controlled b adeq <br /> b N H standards [citations omitted] . Hereecific� standardsuand <br /> claims that it has established 'sp <br /> � � � criteria' to guide t.he discretion these decisionsrlit <br /> o � Examiner and the council yn makiand our examination of <br /> � � � does not tell us what the are, <br /> � the record and the pertinent code provisions reveals <br /> � y � none." <br /> M <br /> N the Hearing E�:aminer erred when he saLd, <br /> � '" In the instant situation, <br /> � r "It is the opinion of the Hearing Examiner that theh�Sof w YLin <br /> � y y applican*. is not exclusive. Other P�r�other indi duals with the <br /> o �' this part`cular area could be used by er Avenue and <br /> acquisiti��n of a permit. The right-of-way between A191icant. " The <br /> College Avenue is not the exclusive right of the app <br /> because it fails to Cc te specificlstana ras andfcriteria�ondwhich <br /> it is based and merely concludes that other indiapauthPreforepthe <br /> for a permit to use a portion of the alleywaY� <br /> riqht-of-way between Alger Avenue and College Avenue is not beinq <br /> exclusively used by the applicant. This dacision fails trantedland <br /> that the portion of the ailey for whi.ch the permit is 9 a �_foot <br /> for which the applicant, Mr. Stark, anticipates erectiny <br /> high fence around, will be for his e�sl�e ublic araffic <br /> with ublic convenience; i.e. , vehicles ana p excluded by <br /> be able to travel across the 7 1/2 feet of the alley <br /> I �� the applicant' s fence. <br /> 1 • 2, The Hearing Examiner erred in concluding that EMC <br /> '�� 13 .30. Q40 sets forth the criteria for the issuance of a temporary <br /> , ��� use permit. Et4C 13...0.040 is entitled "Exc�ptions. " 13.30.040(A) <br /> � establishes that the annual permit fee established in 13 .30.030 <br /> shall �ot apply in certain situations. 13.30.040(E) provides that <br /> whenever the use of the city righ th n the ex epti nl shzllg n� <br /> I �� <br /> renting of said city right-of-way, tions of <br /> apply either. EMC 13.30.040 is clearly limited to exce <br /> permit fees, and the only section that is relev�lt ri s of way may <br /> ' .� which defines when special tempo:�ry uses of city 9 <br /> �� � be granted, which is when they are non-exclusive and dill not <br /> ' interfere with public conveninnce. <br /> , be i.n a single family zone, <br /> � 3, The applicant s property may other zoning <br /> ���� but ic is surrounded by properties with <br /> j classifications and wi _11 interfere wich b b cic A denialnof access <br /> the health, safety, and welfare of the p With a <br /> o� alone b virtue of restricting half of the right-of-way <br /> �� f fence and allowing the other hal° to be fil�o ection easlswellulas <br /> in total denial of access for fire p <br /> maintenance of utility, cable, and sewer lines within the right-of- <br /> way. <br /> ZION LDTHERAN CHURCH APPEAL - 5 <br /> realest.zionluth.apl ,� ,2� �. . <br /> :�N. . <br />