Resolution 4168 - Laserfiche WebLink

AP ' e s::A, NIT RESOLUTION NO. /7//&,e A Resolution Denying Stop Lulu's in Everett's Appeal of SPU#5-93, the Second Chance Facility WHEREAS, Stop Lulu's in Everett filed an appeal of the Hearing Examiner's decision approving the application of Second Chance for a Special Property Use Permit, SPU #5- 93; and WHEREAS, pursuant to Chapter 2.23 EMC, the City Council did hold a public meeting on June 21, 1995, to consider whether an erroneous procedure, or a substantial error in fact or error in law may exist in the record; and WHEREAS, the City Council reviewed the record of the Hearing Examiner in this matter, heard statements from the Appellants, the Applicant, the Property Owner, and City staff regarding the appeal and determined "that a substantial error in law may exist in regard to the classification of the facility, and that a public hearing be set before City Council"; and WHEREAS, on September 13, 1995, the City Council did hold a public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT that an erroneous procedure or substantial error in fact or error in law does not exist in the Hearing Examiner's record for SPU #5-93; the Findings and Recommendation of the Hearing Examiner in SPU #5-93, dated October 21, 1993, the Findings and Decision of the Hearing Examiner in SPU #5-93 dated February 17, 1995, and the Denial of Motion for Reconsideration and Statement of Clarification in SPU #5-93 dated November 18, 1993, are incorporated herein by reference and are affirmed; and the appeal is denied. 6, Councilperson Introducing Resolution PASSED AND APPROVED this /._ d., oftriA./.,/i.._ . , 1995. . / J ,•uncil P esident 2ndchrso/j Is/winword/ord