04-03-1972 - Laserfiche WebLink

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APPEAL #295 The City Attorney stated that during the VA 72-15 hearing on this appeal he had improperly CHARLES B. LINGER advised the Council that they did not have the power to grant this variance; that it is within Council discretion to grant the variance; and if any Councilman would have voted otherwise~ he would suggest reconsideration of the matter° Councilman Patterson's motion, seconded by Councilman Yamamoto, to reconsider Appeal #2.95, filed by Charles B° Linger, carried on a 6-1 vote, Councilman Markel dissenting. The Mayor stated that the applicant does not desire to go ahead with the expansion of the second level, but to fill in the area in the existing building which constitutes an open patio, and would not decrease existing parking° Councilman Evans also stated that the applicant had shown him new plans0 After further discussion, it was the consensus that the applicant and the opponents should both be heard under the changed conditions. Councilman Yamamoto's motion to set the matter for a new hearing was seconded by Councilman Evans. Councilman Villa challenged the motion as being out of order, stating that the public hearing had been closed and the reconsideration of thk matter was for the purpose of taking a new vote° The City Attorney stated that in reconsideration, a motion to reopen the hearing is proper. There was further discussion concerning the propriety of allowing variance applications to be heard by the Planning Commission, then allowing the applicant to file an appeal, presenting new information, which the Council considers in making their determination to uphold the Planning Commission decision or to grant the appeal° Councilman Patterson stated that Council relies on the Planning Commission for advice; that in most cases Council can confirm their decision or deny it, or modify it; that many times information is presented to the Council that did not come before the Commission; and that he would like to have a Staff report on the matter. A substitute motion by Councilman Markel, seconded by Councilman Herrin, to reopen the public hearing on April 17, 197Z, on Appeal #295 filed by Charles B. Linger appealing the Planning Commission's denial of Variance Application 72-15 to allow expansion of a non-conforming commercial use with less than required parking in the C 1 HD II District at 326, 328, 330 W. 17th Street, carried on the following roll c~ll vote: AYES: NOES: ABSENT: Markel, Herrin~ Villa, Evans, Griset, Yamamoto, Patterson None None RECESS At 4:05 PoM., a recess was declared. The meeting reconvened at 4:10 P.M. with all Councilmen present. Councilman Villa's motion, seconded by Councilman t~atterson, to reconsider agenda item #36, carried on a 6-1 vote, Councilmen Markel voting NO. CITY COUNCIL -135- April 3, 1972