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Application Process

This is the process of the for the applying to the 16.16.250 Reasonable use exception to allow for reasonable economic use. This RUE which allows a builder to ignore these codes if he can prove there is no other reasonable economic use with less impact on the critical area; and if the proposed development does not pose an unreasonable threat to the public health, safety, or welfare, on or off the proposed site.

Application Submitted

  • 28 day determination of completeness (deemed automatically complete after 28th day)

  • If incomplete, the City will provide, in writing, the necessary elements to complete the application

    • Applicant re-submits

    • The City has 14 days to determine if re-submittal is complete. If incomplete, the City will provide, in writing, the necessary elements to complete the application

    • Once an application is determined complete, the City notifies the applicant in writing, and has 14 days to prepare the public Notice of Application (NOA)

    • The public has 14 days to comment on the application (staff review for code consistency proceeds during this time, and lasts approximately 6-8 weeks)

    • When staff review is complete, feedback on how to achieve consistency with the regulations is transmitted to the applicant

      •  

        This  is where the Mark Garey RUE proposal sits - waiting for resubmittal

        Applicant re-submits, The City has 14 days to determine if re-submittal is complete. If incomplete, the City will provide, in writing, the necessary elements to complete the resubmittal
    • Staff review proceeds, and when the application is consistent with the regulations, or, when staff can develop a recommendation to the Hearing Examiner, staff creates the hearing record (approx. 6-8 weeks)

    • When the record is complete, staff must notice the public hearing, no sooner than 10 days prior to the hearing date.

    • The Hearing Examiner has 10 days to issue the decision

Timeline

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RUE Application submitted to city

Date of complete application

City returns application with compliance problems

May 20, 2021

October 25, 2021

January 4, 2022

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