Ord #178 - Appeal Timing - Laserfiche WebLink

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SECTION 13. Section 78-1134 Subdivisions Subsection (b) is hereby amended to read as follows: (b) Administrative review.The citv council shall hear and decide aqqeals where it is alle�ed there is error in anv order, reauirement, decision, or determination made bv an administrative official in the enforcement or administration of this article.An appeal must be filed within 10 davs of the administrative official's order, requirement, decision, or determination. Failure to file an aqpeal within 10 davs of the decision shall constitute a waiver of the qerson's ri�ht to a hearin�. SECTION 14. Section 78-1285 Vegetation alterations Subsection (a)is hereby amended to read as follows: (b) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six inches or more(or 19 inches in circumference or greater) measured three feet above the ground may be removed without first obtaining a permit from the city staff, provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed.A��eals e�s�aff�e�er�ir�ataens,a��e*�•^� � ^a ^ �"*.,^'*"�*�� , ' . Removal of trees that are dead shall not require a permit, but such trees must be inspected by city staff prior to their removal. SECTION 15. Chapter 82 Article II is hereby amended by the addition of the following Section 82-51: Sec 82-51.—Appeals. The zonin� board of aqpeals and adiustments established in Section 78-96 shall also serve as the subdivision board of aqpeals and adiustments.The board has the followin� powers with respect to the subdivision re�ulations: (1) To hear and decide appeals where it is alle�ed that there is an error in anv order, requirement, decision or determination made bv an administrative officer in the enforcement of chanter 82. An appeal under this section shall be filed no later than 10 davs followin�the order, requirement, decision or determination. Appeals to the board of appeals and adiustments mav be taken bv any affected person upon compliance with anv reasonable conditions imposed bv the subdivision re�ulations. Failure to file an appeal within 10 davs of the decision shall constitute a waiver of the person's ri�ht to a hearinQ. (2) To hear requests for varvin�the re�ulations as thev applv to specific properties where an unusual hardship on the land exists, but variances mav be�ranted onlv upon the specific�rounds set forth in the subdivision re�ulations. Unusual hardshiq includes but is not limited to inadeauate access to direct sunli�ht for solar ener�v svstems. The procedures set forth in Sections 78-97 throu�h 78-99 applv to determinations of the subdivision board of appeals and adiustments. SECTION 16. Section 82-85 Appeal to the council Subsection (d)(3) is hereby amended to read as follows: 188958v1 4