HomeMy WebLinkAboutR-2000-079 Denial of David Doremus’ appeal of Hearing Examiner’s decisionRESOLUTION NO. R-2000 -
A RESOLUTION denying the appeal by David C. Doremus of the Hearing Examiner's
Decision on Doremus' appeal of the Mitigated Determination of Non -
Significance and Class (2) approval of Doremus' proposed card room at
1900 E. Nob Hill Boulevard.
WHEREAS, on May 1, 2000, David C. Doremus duly appealed (City No. UAZO Appeal
#7-00) the Hearing Examiner's April 13, 2000, Decision (Examiner No. IU00-1-2) denying
Doremus' appeal (City No. UAZO Appeal #3-00) of the City's January 10, 2000, Mitigated
Determination of Non -Significance ("MDNS") and Class (2) approval of Doremus' proposed card
room at 1900 E. Nob Hill Boulevard (City No. UAZO Class (2) #32-99; EC #18-99); and
WHEREAS, comments received from the City Supervising Traffic Engineer and from the
state of Washington Department of Transportation Regional Traffic Office identified traffic safety
and related concerns with access via E. Nob Hill Boulevard to and from Doremus' proposed card
room; and
WHEREAS, the issues identified by the City Supervising Traffic Engineer and the state of
Washington Department of Transportation Regional Traffic Office constituted significant potential
adverse environmental impacts in the judgment of the City's SEPA Responsible Official; and
WHEREAS, instead of requiring Doremus to produce an Environmental Impact Statement
regarding traffic safety and related concerns with access to and from E. Nob Hill Boulevard, the
MDNS and Class (2) approval of Doremus' proposed card room mitigated the potential adverse
environmental impacts by requiring that access to and from the card room be via Boggess Lane,
and that access to and from the proposed card room via Nob Hill Boulevard would be allowed, if
at all, only on the basis of a traffic study performed by a mutually agreed traffic engineer and only
after another round of SEPA review including comment on such a study; and
WHEREAS, on June 6, 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 David C. Doremus had not proved either
that the MDNS and Class (2) approval were incorrect or that the Hearing Examiner's Decision
affirming the MDNS and Class (2) approval under the record established before the Hearing
Examiner was incorrect; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The David C. Doremus appeal (City No. UAZO Appeal #7-00) of the Hearing Examiner's April 13,
2000, Decision (Examiner No. IU00-1-2) denying Doremus' appeal (City No. UAZO Appeal #3-00)
of the City's January 10, 2000, Mitigated Determination of Non -Significance ("MDNS") and Class
(2) approval of Doremus' proposed card room at 1900 E. Nob Hill Boulevard (City No. UAZO
Class (2) #32-99; EC #18-99) is denied.
ADOPTED BY THE CITY COUNCIL this day of June 2000.
ATTEST: r Mary Place, Mayor
City Clerk
C:\WINNT\Profiles\dskone\DESKTOP\DENIAL RES.DOC Last printed 06/22/00 11:53 AM
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. �0
FOR MEETING OF: June 27. 2000
ITEM TITLE: Resolution denying the appeal filed by David Doremus of the Hearing
Examiner's Class (2) zoning review and SEPA appeal decision for a
cardroom/restaurant at 1900 East Nob Hill Boulevard.
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575-6163
SUMMARY EXPLANATION:
On June 6, 2000 the City Council conducted a Public Meeting to consider an appeal
filed by David Doremus of the Hearing Examiner's Class (2) zoning review and SEPA
appeal decision for a cardroom/restaurant at 1900 East Nob Hill Boulevard.
The Council voted unanimously to deny the appeal and uphold the Hearing
Examiner's decision affirming the City's Administrator's decision approving the
Class (2) use for the enhanced cardroom/mini-casino with conditions and the
associated Mitigated Determination of Nonsignificance.
Resolution X Ordinance_ Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
CitSrManager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION:
COUNCIL ACTION:
Approve resolution
Hearing Examiner recommends denial of the appeal
by Mr. David Dormeus