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Ordinance No. 19770
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Ordinance No. 19770
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Last modified
6/10/2010 3:46:44 PM
Creation date
1/29/2009 2:38:13 PM
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Council Ordinances
CMO_Document_Number
19770
Document_Title
An ordinance concerning quasi-judicial hearing procedures and land division; amending, renumbering, adding and repealing sections of the Eugene Code, 1971. (See description for listing of all effected code sections.)
Adopted_Date
4/22/1991
Approved Date
4/22/1991
CMO_Effective_Date
5/23/1991
Signer
Jeffrey R. Miller
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official may affirm, reverse, or modify the planning director' s <br />decision with supporting findings and conc1 usi ons. Before grant- <br />i ng an appeal , or before changing any of the conditions the p1 an- <br />ning director imposed, the hearings official shall make findings <br />of fact as to why the planning director's findings were i n error . <br />The decision of the hearings official is final. <br />~9} Performance a regiment. <br />r it n~ <br />fie} Modifications. <br />~ . B Pl anni n Director. Applications for moth f i - <br />cations shall be submitted by the property owner or appl i - <br />cant, Notice of a proposed math f i cati on shal 1 be sent to <br />persons who requested nati ce of the tentative or final <br />plan decision and persons entitled to notice under sub- <br />sect i on ~3 } of this sect i an and shat l provide at 1 east <br />ten days for submission of written testimony thereon to <br />the city. If a modification is minor, i.e., it results <br />in insignificant changes in the outward appearance of <br />the development and impact on surrounding properties, <br />it may be considered by the planning director. These <br />modifications, including extension of construction time <br />schedules or completion schedules and minor site p1 an <br />rev i s i an s may be approved by the planning director upon <br />a finding that the changes <br />a. Are consistent with the conditions of the <br />original approval , and <br />b. Result in insignificant changes in the out- <br />ward appearance of the development and impact on the <br />surrounding properties, and <br />c. Remain consistent with appl i cab1 a permi t <br />criteria. <br />I f the planning director determines that the modification <br />is major, the modification request shall be forwarded to <br />the hearings official far consideration pursuant to the <br />procedures of subparagraph 2. of this subsection. The <br />decision of the planning director classifying the moth - <br />f i cat i on as major or minor, i s f i na1. Within five days <br />after a deci si on concerni ng a mi nor modification i s ren- <br />dered, the planning director shat 1 mai 1 a noti ce of the <br />decision and of the opportunity to appeal to the appl i - <br />cant, persons who have requested notice of the moth f i ca- <br />tion decision, and persons entitled to notice under sub- <br />sect i on ~ 3 } of this section . The planning director' s <br />decision al 1 owi ng or denyi ng a moth f i cati on may be <br />appealed within ten days of the date of mai 1 ed notice of <br />the decision by the applicant, owner, a party, an ad- <br />versely affected person, or a person entitled to notice <br />under subsection ~3 } of this section . Appeals shall be <br />considered by the hearings of f i ci a1 i n a publ i c hearing <br />that follows the appeal process of subsection ~1} of this <br />section . <br />2. By Hearings Official . Modifications that are <br />Ordinance - 43 <br />
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