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RESOLUTION NO. 2000-17 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ESTABLISHING GUIDELINES FOR APPEALS TO CITY COUNCIL FROM THE BOARD OF ADJUSTMENT OR FROM THE PLANNING AND ZONING COMMISSION. WHEREAS, the City has established ordinances which control appeals to City Council from a decision of the Board of Adjustment or from a decision of the Planning and Zoning Commission; and WHEREAS, the Council desires that any appeal be handled in an orderly, fair, consistent, and efficient manner; and WHEREAS, the Council wishes to establish guidelines to promote such order, fairness, consistency, and efficiency; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Moscow, Idaho, as follows: I. DEFINITIONS: A. Appellant: The person or entity, or their legal counsel, who claims to be suffering a legal wrong or who believes that they have been adversely affected or aggrieved by action of the Board or of the Commission. An appellant must perfect an appeal pursuant to Moscow City Code. B. Action: The whole or a part of the process of deliberating, considering, discussing, formulating, amending, and/or repealing a decision on an appeal to the Board or on an application before the Board or before the Commission. C. Board: The Moscow Board of Adjustment. D. Commission: The Moscow Planning and Zoning Commission. E. Reasoned Statement: A statement which explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for a decision by the Board or by the Commission based on the applicable provisions, pertinent constitutional principles and factual information contained in the record, all pursuant to Idaho Code§ 67-6535. RESOLUTION Page 1 ---PAGE BREAK--- II. ISSUES ON APPEAL Issues to be presented on appeal shall be limited to action, findings, decisions, and conclusions made on the record. An appeal should clearly and concisely state the reasons for the appeal; the relevant facts in support of the appeal; the relevant laws, statutes, and ordinances relied upon; and the relief requested. If oral argument is desired, a request for oral argument must be in writing. III. BURDEN OF PROOF The burden of proof on appeal rests upon the Appellant. The Council, as a matter of policy, may refuse to consider irrelevant, immaterial, or unduly repetitious argument. It is the Appellant's burden to show to the Council, by a preponderance of the evidence, that the basis upon which the decision of the Board or of the Commission: 1. Violated constitution or statutory laws; or 2. Was rendered on the basis of unlawful procedure; or 3. Was unsupported by substantial evidence; or 4. Was arbitrary, capricious, or an abuse of discretion. IV. SCOPE OF REVIEW To the extent necessary to make a decision regarding an appeal, the Council shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an action by the Board or by the Commission. In making the foregoing determinations, the Council shall review the whole record or those parts of it cited by the Appellant and others as relevant. V. EVIDENCE Each document to be submitted or referred to upon appeal shall bear a letter, number, or combination thereof which makes the document easily identifiable for purposes of discussion. Such letter, number, or combination thereof should be attached to the document prior to consideration of the appeal. VI. ORDER OF PRESENTATION ON APPEAL A. Opening of public portion of the hearing as may be required for a full and true consideration of the facts and issues on appeal. 1. 2. RESOLUTION Staff Presentation (background) Opening Public Input Portion of the Hearing a. Appellant b. Opposition, if any c. Other interested parties, if any d. Appellant rebuttal, if any e. Surebuttal by opposition, if any Page 2 ---PAGE BREAK--- B. Closing public input portion of the hearing C. Discussion and consideration by Council D. Final Decision/Reasoned Statement VII. APPEAL OF CITY COUNCIL'S FINAL DECISION An appeal, if any, from a final decision of the Council shall be pursuant to Idaho Code. PAS · · ' by the City Council and APPROVED by the Mayor this .5 day of a1 '1v1f1JJ-. , 2ooo. Rcsolutions\Appeals\pm RESOLUTION Page 3