HomeMy WebLinkAboutCorrespondence Miscellaneous 4/14/2010
L1MBIRD Andrew
From:
Sent:
To:
Su bject:
GRILE Bill
Tuesday, April 13, 2010 5:59 PM
. LEAHY Joe (HL); Mary Bridget Smith; DONOVAN James; L1MBIRD Andrew
5.3-115 Appeals of the Director's or Hearings Official's Type II Decision
All: .
Here is the authority. The decision to "reach down" would require a motion by the City Council. We'll need to do some
calendar work here and see when we would want Council to vote on the 5.3-115 question and still have sufficient time
to give the notice required for the Council's appeal hearing. I definitely agree this would be the way to proceed if the
only appeal issues relates to the fiscal issue of fees.
... Bill
SPRINGFIELD DEVELOPMENT CODE
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A. Standing to Appeal. Only the property owner, applicant, if different and those persons who submitted
written comments within the specific comment period for limited land use decisions, or those persons entitled to
notice for non-limited land use decisions shall have standing to appeal the Director's or Hearings Official's
decision.
B. Filing an Appeal. An appeal application shall be filed with the Director within 15 calendar days of the
Director's or Hearings Official's decision.
C. Notice. The Director shall provide notice of the public hearing to the property owner, applicant, if
different, the appellant and all persons who submitted comments or requested notice of the decision as part of
the process leading to the Director's or Hearings Official's decision. The notice of the appeal hearing shall be as
specified in Section 5.2-115.
D. Review. The review is de novo and the public hearing shall be conducted as specified in Section 5.2-135.
E. Decision. The Planning Commission or Hearings Official shall consider the Director's staff report and all
other evidence presented, including oral and written testimony in making their decision. The Planning
Commission, or Hearings Official may affirm, modify or reverse the Director's decision and shall adopt fi'ndings in
support of their decision. The Planning Commission or Hearing's Official may attach conditions as may be
reasonably necessary in order to allow the appeal to be granted. The Planning Commission's or Hearings Official's
decision is final.
EXCEPTIONS:
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2. An appeal of an expedited land division shall be as specified in ORS 197.375.
1
Date Received:J/;'/Jo'o
Planner: AL