Board of Adjustment - Includes Action Taken
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Joseph Horn, Planning & Development
An Appeal request by Portable Practical Educational Preparation, Inc (PPEP)
appealing the decision of the Planning Director regarding the expiration date of appeal rights for a Conditional Use Permit that was denied by the Planning Commission for property located at 404 N. Roosevelt Ave.
The applicant is requesting an appeal of a decision by the Planning Director regarding the rejection of an appeal of a Planning Commission decision denying a Conditional Use Permit. The applicant applied for a Conditional Use for the property to construct a 6-foot-tall unpainted block wall and gate across the front property line of a residence used as a Residential Facility located at 404 N Roosevelt. The Conditional Use Permit was denied by the Planning Commission on a 6-0 vote at the March 4, 2021 public hearing.
Decisions of the Planning Commission on Conditional Use Permit applications are appealable in accordance with City Code 17.68.140.
B. The appeal shall be filed in duplicate with the zoning administrator within
days from the date of action by the commission.
The applicant did attempt to appeal the denial of the Conditional Use Permit by sending an email on March 18
(see attachment A).
Since the Planning Commission decision occurred on March 4
, 2021 and the request to appeal the decision was received by the City on March 18
the appeal was determined to be defective as it did not meet the 10-day timeframe in which appeals may be filed. The 14-day period between the Planning Commission’s decision and the filing of the appeal of said decision did not meet the requirement of 17.68.140B (shown above) that an appeal be filed within ten days of the decision.
The basis of the applicant’s appeal is that the code does not define if the 10-day period is to be counted as calendar days or business days (see below narrative). Prior to the Planning Director denying the appeal request, Planning Staff and the Director consulted with the City Attorney to determine how the code is interpreted. The advice of the City Attorney was that unless specifically reference within the City Code the number of days is considered to be calendar days and not business days. A copy of the email chain attached shows the timing of the request and denials.
Below is the applicant’s narrative from the submitted application:
Portable Practical Educational Preparation, Inc (PPEP, Inc) filed an appeal in accordance with the City of Casa Grande, Planning and Development Departments “Conditional Use Permit Application” on March 18
, 2021. PPEP, Inc.’s appeal of the commission’s decision was emailed to Mr. Tice within 10 business days of the commission’s denial. Mr. Tice subsequently rejected our appeal request assuming that our submittal exceeded the ten day limit stipulated in the “Conditional Use Permit Application” and paragraph 17.68.40 of the city’s General Building and Development Standards. Neither standard delineates or specifies whether the timeframe to submit an appeal is consecutive or business days; therefore it appears the city form and regulation is silent and moot regarding consecutive days or business days. The city’s offices are not available to assist the public or receive correspondence daily and without a timeframe clarification, PPEP, Inc. was complying with the government standard, which is 10 business days. Since the city’s regulation is ambiguous, PPEP, Inc. respectfully requests that our appeal be reinstated and rescheduled so we can resolve our conditional use permit issue.
Staff recommends the Board Deny DSA-21-00069, an appeal of a decision of the Planning Director on the expiration date of appeal rights of a denial of a Conditional Use Permit by the Planning Commission for a Special Purpose Fence for property located at 404 N. Roosevelt Ave.
BOA minutes 5-18-21
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