Ordinance No. 19839 - Laserfiche WebLink

Home Browse Search

criteria set out i n subsecti an fib} ~. b. and ~ b} ~ . c. of this section. 1. A not i ce of the board' s decision shall be mai 1 ed within five days of the decision to the owner and occupants of the proposed historic 1 andmark, the applicant, and persons who have requested not i f i cat i on . Unless appealed, the board's decision i s effective on the eleventh day after notice of the dec i s i an i s mailed . ~c} A~eals. Within ten days of the date that notice of the board's decision i s mai 1 ed, the decision may be appealed to the counci 1 by the owner, appl i cant, a party, an adversely affected person, or a person entitled to notice under subsection fib} 1. of this section . The appeal shall be made by f i 1 i ng a statement of issues on appeal and other information on a form prescribed by the city. The appeal shall be based on the record, shall state speci w f i cal l y how the board erred i n its dec i s i an or dec i s i onmaki ng and shal 1 be 1 imi ted to the issues raised at the evidentiary hearing that are set out i n the f i 1 ed statement of issues. ~d} Action on appeals. ~ . Unless the ~~app1 i cant and appellant agree to a 1 anger time peri ad, the counci 1 shat 1 hol d a publ i c hearing to .allow oral argument on an appeal within fi0 days of its receipt . At least ten days prior to the hearing, the city shall mail notice thereof to the applicant, appellant, owner, and persons who requested notice of the board's decision or the appeal hearing. 2. Unless the applicant and appellant agree to a longer time period, the council shall make a decision within 15 days of the hearing. The council may, by order and findings and concl usi ans therein, affirm, reverse, or modify i n whole or i n part, any decision or determination of the board. The counci 1 shat 1 reverse or madi fy the decision of the board i f it finds that the board failed to follow the procedures appli- cable to the matter before it in a manner that prejudiced the substantial rights of the appellant, made a deci si on not supported by substantial evidence i n the whale record or im- properly construed the applicable 1 aw. Within five days of the decision, notice of the decision shall be mailed to the applicant, owner, appel 1 ant, and persons who requested notice of the council decision. fie} Modi f i cati ans to certain re u1 ati ans. The board or council may modify regulations pertaining to signs, fence and wall provisions, general provisions regarding height, yards, area, lot width, frontage, depth, coverage, number of off -street parking spaces requ~ red, and regul at ~ ans prescribing setbacks, i n the final order designating historic 1 andmark status, and, i f the madi f i ca- t i an s were unanticipated at the time of designation, the planning director may at a 1 ater date modify such regulations providing the modifications: 1. Are necessary to preserve the historic character, appearance or integrity of the proposed historic 1 andmark, and Z . Are i n accordance with the purposes of zoning and sign regulations. Ordinance - 1