02/01/94 - Laserfiche WebLink

Home

Page Three THE ZONING REPORT I I I tion with the particular case unless made a part of the record in the case, and "C. The Hearing Officer shall not inspect the site with any party or his representative unless all parties are given an oplDortunity to be pres- ent. "Sec. 113: Evidence: With respect to deter- mining findings o! iact and conclusions of law, the Hearing Officer ma}' receive ora] testimony and demonstrative or written evidence, as long as the evidence has any tendency to make the e×isteno~ of any fact that is of consequence to the determination of the matter before her more probable or less probable than it would be without the evidence. Hearsay shaI] be ad- .m.issible except that the Hearing Officer may take into account that such evidence is hear- .say with respect to the weight given to it. In any event, the Hearing Officer may not admit any evidence which a reasonable and prudent person would not rely upon in the conduct of their everyday affairs. "Sec. 114: Appeals from Hearing Officer De- cisions: "A. The applicant or any other par~y in inter- est may appeal a decision of the Hearing Offi- cer, provided such party files with the Cily Clerk/Treasurer a written notice of appeal ~"ithin i0 days after the date of the decision by the Hearing Officer. The notice of appeal shall state the grounds of appeal. "5. In the event a perfected appeal is filed with respect to an5, matter under the jurisdic- tion of the Hearing Officer, the matter appeal- ed shall be forwarded to the City Council, along with all of the evidence admitted by the Hearing Officer, and the transcript of the pro- ceedings before the Hearing Officer with res- pect to that particular matter. The appeal sh~ll be heard at the next regular City Council meeting occurring at least 10 days after the certification of the record by the Director of Pianning to the City Council. "If there is substanti~ evidence in the rec- ord to support the decision of the Hearing Of- ficer, then Council shall affirm such decision of the Hearing Officer. If there is not substan- tia] evidence in the record to support the deci- sion of the Hearing Officer, then the Council may reverse the decision of the Hearing Offi- cer, or remand the matter back to the Hearing Officer for further proceedings. No new evi- dence shah be submitted to the Council unless a majority of the Council determines that such evidence could not have been reasonably pre- sented at the time the matter was heard be- fore the Hearing Officer. If the Council de- cides to hear such new evidence, it may hear the new evidenc~ or remand the matter back to the Hearing Officer for further proceedings. Notwithstanding any requirements in the sub- section B. to the contrary, the City Council shall have the discretion to modify, reject, or add to the conditions of record established by the Hearing Officer with respect to any matter before it on appeal. A verbatim record of the proceedings before the City Council shah be made by electronic recording device or other appropriate method. "D. On such appeals, the decision of the City Council shall be final agency action, and shah be subject to review by the courts pursuant to applicable rules and statutes, unless the matter is remanded to the Hearing Officer. "E. A perfected appeal shall operate as a stay of the Hearing Officer's decision unless the Hearing Officer certifies in writing that a stay would cause or result in an imminent hazard %o the public health, safety and welfare .... "F. in the event that the decision of the Hear- ing Officer is not appealed to the City Council within 10 days from the date of the decision, than said decision shah constitute final agency action for all purposes under the applicable state statutes and rules and reg.ulations. The failure to appeal the decision of the Hearing Officer within the 10 day period shall be deemed to be a waiver of the applicants or a party in interest~s, as the case may be, right to appeal to the courts under Rule 106 of the Colorado Rules of Civil Procedure' for failure to.exhaust administrative remedies. "G. The filing fee and cost of preparing the transcript of proceedings before the Hearing Officer on appeal to the City Council shall be I I ! I I I i I I i I I I I January 21, 1994 Issue