A. Applicability. The Land Use Hearing Officer shall hear appeals from decisions of the Department arising from the administration of requirements contained in Section 21-710 (Hillside Development Overlay District). The applicant or any property owner within three hundred (300) feet of the subject property shall file such appeal. The Land Use Hearing Officer shall also consider applications for variance from the provisions of Section 21-710. The owner for the subject property shall file such application.
B. Filing. The applicant shall file an application for an appeal in writing, with the Department. The application shall 1) describe the basis of the variance request, 2) specifically set forth those provisions of Section 21-710 from which a variance is being sought, and 3) specifically set forth those decisions of the Department that are being appealed. The Department shall transmit a copy of the appeal to the Hearing Officer.
C. Determination of Hearing Officer. Upon receipt of an appeals application, the Department Director shall make a determination as to the nature of the appeal and shall determine the appropriate appeal hearing officer to hear the case. Those appeals of a technical nature such as utility locations, final grading and drainage, or heights of cut and fill shall be heard by the City Engineer, or designee thereof, acting in the capacity of hearing officer. All other appeals including slope category determination, allowable densities, lot coverage, and disturbance calculations shall be heard by the Land Use Hearing Officer. The Land Use Hearing Officer shall be the City Manager or designee.
D. Action of Hearing Officer.
1. The hearing officer shall hold a hearing and provide the applicant, Department staff, and owners of property located wholly or partially within three hundred (300) feet of the subject property an opportunity to present their position. Such hearings shall be informal and the rules of evidence and civil procedure shall not apply. The hearing officer shall have the authority to approve, deny, or modify the request.
2. The Hearing Officer's decision shall be in writing and shall be provided to the applicant, the Department, and all property owners within three hundred (300) feet of the subject property.
E. Appeal to City Council.
1. Any member of the public may appeal the decision of the hearing officer to the City Council. The appeal shall be in writing and shall specifically set forth the decision of the hearing officer that is being appealed. The appeal shall be filed with the Department Director within ten (10) days of the decision.
2. The Department shall transmit to the City Council a copy of the appeal letter, the decision of the hearing officer, and supporting material. At a regularly scheduled Council meeting, the applicant and the hearing officer shall present their positions. Owners of property located wholly or partially within three hundred (300) feet of the subject property shall also be provided an opportunity to present their position.
3. The City Council shall have the authority to affirm, overrule, or modify the decision of the hearing officer or remand the matter back to the hearing officer. (Ord. No. 2017-33, § 37, 6-13-17)