HomeMy WebLinkAbout16-3865 CC SR Appeals 10-10-16 REQUEST FOR COUNCIL ACTION
DATE: October 10, 2016
ITEM NO: 19
Department Approval: Administrator Reviewed: Agenda Section:
Name Jeremy Barnhart JML Planning
Title Community Development Director
Item Description: City of Orono Text Amendment related to appeals and appeal timeliness
Application Summary
The proposed ordinance formally consolidates and clarifies the appeal process for a number of decisions made by city staff, the Board of Appeals, and the City Council. The ordinance
also establishes a timeline within which the aggrieved party must appeal.
Background
In August, the Council directed staff to amend the ordinance to establish a time limit within a person must file an appeal of a decision. Staff and the Council considered this amendment
a housekeeping item. Currently, any person aggrieved by an administrative decision may appeal to the Council, provided they do so at least 7 days prior to any Council meeting. This
appeal may be based on a decision that happened at any time. The draft ordinance requires an appeal be submitted within 10 days of the decision. This allows for timely review of the
issue, but also, allows the beneficiary of the decision (usually administrative permits) to act on the permit or decision they received. The balance of the ordinance as drafted takes
the disjointed references to an appeal process and establishes a clear path for appeals, depending on the authority of the decision.
To summarize, appeals from
a. administrative decisions go to City Council (violation, Chapter 50, special events Ch. 66, some nuisance abatement Ch. 70),
b. Zoning decisions (regulations from Ch. 78 of the code) go to Planning Commission as the Zoning Board of Appeals.
c. subdivision decisions (regulations from Ch. 82 of the code) go to Planning Commission as the Zoning Board of Appeals.
d. public safety regulations, (Ch. 42) go to the police chief.
These routes are not changed from the current ordinance.
Planning Commission Recommendation
The Planning Commission reviewed the proposed ordinance at their meeting on September 19. The Commission recommended approval, the minutes from that meeting are attached as Exhibit
C.
Action Requested:
Approve by motion the ordinance as drafted.
List of Exhibits:
Draft ordinance
PC Staff Report & Exhibits
Draft PC Minutes