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HomeMy WebLinkAboutJarvi Appeal, C12002, Open and Continue Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Courtney Kramer, Planner I Tim McHarg, Planning Director SUBJECT: Jarvi Administrative Project Decision Appeal No. C-12002 MEETING DATE: August 13, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: That the City Commission"Open and Continue" the Jarvi appeal of the Brown/ Charles garage project (No. Z-12108) to the Monday, August 20, 2012 City Commission meeting. Staff Recommended Motion: Having reviewed the request of the appellant and found it possible to reschedule the appeal hearing within the timeline dictated by Bozeman Municipal Code, I move to Open and Continue the Jarvi Administrative Project Decision Appeal application No. C-12002 to Monday, August 20, 2012. BACKGROUND: On July 9, 2012 the Department of Planning received an Administrative Project Decision Appeal application requesting Commission review of the Planning Director's approval of Brown/ Charles garage Sketch Plan Certificate of Appropriateness application (No. Z-12108) The COA was applied for on May 18, 2012 and approved on June 25, 2012. The appeal application was filed within the timeline outlined by Bozeman Municipal Code (BMC) Section 38.35.030 C "Administrative project decision appeals." Staff followed the procedure in BMC Section 38.35.030 F and scheduled the appeal on the Commission agenda at the earliest possible date, with a maximum of 30 working days, to Monday, August 13, 2012. Public notices, in the form of a notice on site, a letter mailed to adjoining property owners and two advertisements in the newspaper, were executed per BMC Section 38.35.030 E requirements, stating the August 13 date. On Monday, July 30 the appeal applicant, Jeffery Jarvi, requested that the commission hearing be rescheduled to enable him to attend the hearing. Given the "30 working days" for an appeal hearing dictated by BMC 38.35.030 F, which offers the property owner some surety of a timely process, the absolute latest date the Commission could hear the appeal is Monday, August 20, 2012. UNRESOLVED ISSUES: None. 1 ALTERNATIVES: The Commission could deny the request to open and continue the appeal hearing to August 20, and take action on the application on August 13, 2012. FISCAL EFFECTS: None identified. Attachments: Email request from J. Jarvi requesting Open and Continue Memo date: August 7, 2012 2