Item Coversheet

BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT

Item No. 8.
For Meeting of: JuneĀ 6, 2023

ITEM TITLE:Closed record public hearing to consider an appeal of the Hearing Examiner's Decision for a 4-lot Preliminary Short Plat for Lester & Sonya Makalii
SUBMITTED BY:
Joan Davenport, AICP, Community Development Director

*Joseph Calhoun, Planning Manager (509) 575-6042

SUMMARY EXPLANATION:

On November 7, 2022, the Yakima Hearing Examiner approved the short plat application of Mr. & Mrs. Makalii.  A timely appeal of that decision seeking to overturn the Hearing Examiner’s Decision and deny the short plat application was filed by Gary Lofland.    

 

This is a quasi-judicial hearing, so City Council members sit as "judges" in this matter.  This is a closed record appeal, so no new evidence can be submitted into the record.  Any decision based on the evaluation of evidence not relevant to the appeal could be the basis to overturn the decision in a future appeal.  Your decision must be made based on the record and argument at the hearing.

 

Pursuant to the requirements of quasi-judicial hearings, you must remain impartial and unbiased. Further, you may not have any ex parte communications with appellants or respondents regarding the matters in this appeal. Finally, you may not hear this matter if you have a conflict of interest. Conflicts of interest arise if you have an interest in the property or the application, or own property within 300 feet of the property subject to the action or if you stand to gain or lose any financial benefit as a result of the outcome of the appeal. You will be asked to affirmatively answer questions on the record regarding these matters.

 

Please refer to the hearing packet which was distributed in the Council packet on April 18, 2023 and can be found online at: www.yakimawa.gov/council/agendas-and-minutes/.

ITEM BUDGETED:NA
STRATEGIC PRIORITY:Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:

This is an appeal. The Council sits as the appellate decision makers with the following four options:

1. Affirm and adopt the Hearing Examiner's Decision;

2. Remand the matter back to the Hearing Examiner with appropriate instructions;

3. Modify the Hearing Examiner's Decision with written findings and conclusions; or

4. Reverse the Hearing Examiner's Decision with written findings and conclusions.