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HomeMy WebLinkAboutR-2000-065 Denial of Hillis appeal to the Loveless short plat approval at 5811 Tieton DriveRESOLUTION NO. NO. R -2000- A RESOLUTION denying the appeal by Kris Hillis et al. of the Hearing Examiner's Decision on Hillis et al.'s appeal the Subdivision Administrator's decision to approve the Short Plat application of Larry M. and Kimberly Loveless for a two -lot short plat at 5811 Tieton Drive. WHEREAS, on March 24, 2000, Kris Hillis et al. duly appealed (City No. UAZO Appeal #5-00) the Hearing Examiner's Decision (Examiner No. IU00-1-3) on Hillis et al.'s appeal (City No. UAZO Appeal #2-00) of the Subdivision Administrator's decision to approve the Short Plat application of Larry M. and Kimberly Loveless for a two -lot short plat of Yakima County Assessor's Parcel No. 181321-34453 at 5811 Tieton Drive (City No. UAZO Prel Short Plat #13-99); and WHEREAS, RCW 36.70B.030(3) and YMC 16.06.020(E) prevent the City from hearing appeals on the type of land use permitted and the density of residential development, except for issues of code interpretation; and WHEREAS, on May 16, 2000, the City Council duly conducted a public hearing on the appeal, and after considering the record, and the arguments of the appellants, the applicants and other interested persons, the City Council decided that the Kris Hillis et al. had not proved as a matter of code interpretation or otherwise that the Hearing Examiner's Decision was incorrect under the record established before the Hearing Examiner and the rights of the applicant and other interested persons as defined by law; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Kris Hillis et al. appeal (City No. UAZO Appeal #5-00) of the Hearing Examiner's Decision (Examiner No. TU00-1-3) on Hillis et al.'s appeal (City No. UAZO Appeal #2- 00) of the Subdivision Administrator's decision to approve the Short Plat application of Larry M. and Kimberly Loveless for a two -lot short plat of Yakima County Assessor's Parcel No. 181321-34453 at 5811 Tieton Drive (City No. UAZO Prel Short Plat #13-99) is denied. ADOPTED BY THE CITY COUNCIL this day of June 2000. ATTEST: City Clerk C: \ WINDOWS\ TEMP\ denial -res. doc Last printed 06/01/00 2:10 PM ry Place, Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. q FOR MEETING OF: June 6. 2000 ITEM TITLE: Resolution denying the appeal filed by Kris Hillis et. al. of the Hearing Examiner's decision on the appeal of the Subdivision Administrators decision approving a two -lot short plat in the R-1 zoning district. SUBMITTED BY: r illiam Cook, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575-6163 SUMMARY EXPLANATION: On May 16, 2000 the City Council conducted a Public Meeting to consider an appeal filed by Kris Hillis et. al. of the Hearing Examiner's decision on the appeal of the Subdivision Administrators decision approving a two -lot short plat at 5811 Tieton Drive in the R-1 zoning district. The Council voted 4-2 to deny the appeal and uphold the Hearing Examiner's decision affirming the Subdivision Administrator's decision to approve the two lot short plat for Larry & Kimberly Loveless at 5811 Tieton Drive. Resolution X OrdinanceContract _. Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution BOARD RECOMMENDATION: Hearing Examiner recommends denial of the appeal by Mr. Kris Hillis et. al. COUNCIL ACTION: