HomeMy WebLinkAboutOrd1994-041
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Sponsored by: Klinkner
Introduction Date: 10/24/94
Public Hearing Date: 11/28/94
CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-41
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE
~15.10.415.D REGARDING REMANDS OF APPEALS TO
THE BOARD OF ADJUSTMENT THAT ALLEGE NEW EVIDENCE
WHEREAS. Article 4 of Chapter 15.10 of the Seward City Code authorizes the city
council, sitting as a board of adjustment, to hear appeals from the Seward Planning and Zoning
Commission; and
WHEREAS, Seward City Code SI5.10.415.D provides that the board of adjustment shall
not receive or consider new evidence when hearing an appeal, but the matter shall be remanded
to the commission for reconsideration; and
WHEREAS, it is unclear who is authorized to remand an appeal alleging new evidence,
and it would be most efficient for the city clerk to do so before the matter is presented to the
board of adjustment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code 15.10.415.D is amended to read as follows:
D. No new evidence shall be received or considered by the
board of adjustment hearing an appeal. Appeals alleging new
evidence or changed circumstances shall not be heard by the board
of adiustment but shall be remanded forthwith by the city clerk to
the commission. which shall determine whether to rehear the
matter. [TO RECEIVE AND CONSIDER NEW EVIDENCE,
THE MATTER SHALL BE REMANDED TO THE COMMIS-
SION FOR RECONSIDERATION.]
Section 2. This Ordinance shall take effect ten (10) days following its enactment.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-41
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
28th day of November, 1994.
AYES:
NOES:
ABSENT:
ABSTAIN:
Darling, Deeter, King, O'Brien, Sieminski
None
Anderson, Crane
None
ATTEST:
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the City of Seward, Alaska
City ~~yJ. C; ~
(City Seal)
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