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HomeMy WebLinkAboutOrd1994-041 . . . 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. . . . 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) -2-