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HomeMy WebLinkAboutMARSEE PUD - PRELIMINARY & FINAL - 14-95 - REPORTS - CITY COUNCILThe Board did not fail to properly conduct a fair hearing in that the Board did not consider evidence relevant to its findings which was substantially false or grossly misleading. City Council determined to overturn the decision of the Planning and Zoning Board. Michael Ludwig June 28, 1995 SUBJECT: Resolution 95-XX Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board's Approval of the Marsee Residential P.U.D., Conversion of a Single -Family Residence to a Duplex Residence, #14-95 and Overturning the Decision of the Board. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: On June 5, 1995, an appeal of the May 22, 1995 final decision of the Planning and Zoning Board to approve the Marsee Residential P.U.D., Conversion of a Single -Family Residence to a Duplex Residence, #14-95, was filed by Appellants R.W. and Arlene Anderson, et. al. On June 27, 1995, City Council voted to overturn the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND: The appellants' notice of appeal was based on allegations that: "The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter;" "The Planning and Zoning Board failed to conduct a fair hearing in that the Board substantially ignored its previously established rules of procedure;" "The Planning and Zoning Board failed to conduct a fair hearing in that the Board considered evidence relevant to its findings which was substantially false or grossly misleading." At the June 27, 1995 hearing on this matter, Council considered the testimony of City staff, the appellant, and those who opposed the appeal. In a subsequent discussion at this hearing, Council determined that: The Board did fail to properly interpret and apply relevant provisions of the Code and Charter; 2. The Board did not fail to properly conduct a fair hearing in that the Board did not substantially ignore its previously established rules of procedure;