Agenda Item Title:
Title
South Towne Center Mall Subdivision Plat Amendment
Appeal to Review Alleged Error
10450 S State St.
[Commercial Area, Community #9]
Body
Presenter:
Mike Wilcox
Body
Description/Background:
The request is for review of an alleged error of an administrative decision related to an application to amend the South Towne Center Mall Subdivision plat. The applicant is Bruce Baird (representing the property owner South Town Owner PR LLC). The site is a group of properties around South Towne Mall located at 10450 S State Street.
See the attached staff report and exhibits for full details.
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommends that the Board of Adjustment carefully consider and should follow the statutory requirements for an appeal set out above before rendering a decision. As stated in the ordinance cited, the appellant bears the burden of proving that the land use authority erred. It is not enough to show that one could reasonably reach a different conclusion on the facts if there is a reasonable basis for the decision reached by staff.
Based upon the staff analysis of the appellants’ letter requesting the appeal and the standard of review required, staff recommends that the Board of Adjustment determine that the staff did not err in making its decision that the application for an amendment to the South Towne Center Mall Subdivision plat is incomplete and that review of the preliminary plat cannot proceed further until the Monroe Street issue had been addressed. This conclusion is based upon the following findings:
Findings:
1. The record of this decision is sufficient and not deficient as demonstrated in the referenced staff report and associated exhibits; therefore, this matter can be reviewed on the record, and not de novo.
2. The appellants have not shown that there is no reasonable basis to justify the action taken, and the determinations made were so unreasona...
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