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91-16 DENIAL OF APPEAL OF TOM HAYES FROM A HEX DECISIONA RESOLUTION of the City of Winslow, Washington, denying the appeal of Tom Hays from a decision of the Hearing Examiner. THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The City Council adopts the Order on Appeal attached hereto and by this reference incorporated herein, as the decision of the City Council in The Matter of the Appeal of Tom Hays from a final decision of Hearing Examiner J. Robin Hunt denying an application for a variance from setback requirements for the Madison Avenue townhouse complex, 1039-1059 Madison Avenue, Winslow, Washington. Section 2. The Deputy Mayor is Order on behalf of the City Council. authorized to sign the PASSED by the City Council this 18th day of 1991. July , APPROVED by the Mayor 1991. th i s 18 th day o f July anato, Mayo._~ r ATTEST/AUTHENTICATE: Ralph Eells, Finance ~irector FILED WITH THE CITY CLERK: July 11, 1991 PASSED BY THE CITY COUNCIL: July 18, 1991 RESOLUTION NO.: 91-16 [ r/1440R - 1 - BEFORE THE CITY COUNCIL CITY OF WINSLOW In the Matter of the Appeal of: TOM HAYS, from a final decision of the ) hearing examiner denying an ) application for a variance from ) setback requirements for the ) Madison Avenue townhouse complex, ) 1039-1059 Madison Avenue, Winslow,) Washington. ) ) THIS MATTER came before the City File No. VAR 15-90-1 ORDER ON APPEAL Council on a notice of filed on May 15, 1991 by William M. Bechtold, on behalf partners of the the findings of Hearing Examiner appeal of applicant Thomas L. Hays and the general Bainbridge-Madison Avenue Partnership, from fact, conclusions of law and order entered by J. Robin Hunt on the application of Thomas L. Hays for a variance from setback requirements for the Madison Avenue townhouse complex, 1039-1059 Madison Avenue, Winslow, Washington. At its June 6, 1991 regular meeting, the City Council heard the arguments and comments of Mr. Bechtold, Stephanie Warren, Director of Planning and Community Development, and Kathy James, Associate Planner. Following the comments and arguments, the City Council continued consideration of the matter to the July 5, 1991, regular meeting in order to prepare ORDER ON APPEAL - 1 [r/1439R a transcript of the hearing before the Hearing Examiner and receive exhibits from the hearing before the Hearing Examiner. On July 5, 1991, the regular meeting was continued by the City Clerk to July 11, 1991. At its meeting on July 11, 1991, the City Council voted by motion to deny the appeal. The City Council has considered the documents in the file for the application, a transcript of the hearing before the Hearing Examiner on April 10, 1991, the appellate brief filed by Mr. Bechtold on behalf of the applicant, and the Findings of Fact, Conclusions of Law and Order entered by the Hearing Examiner on May 8, 1991, together with exhibits referenced in that Order. Based on the evidence presented and the arguments and comments of the applicant and the City, the City Council finds that the decision of the Hearing Examiner is supported by substantial evidence. Therefore, it is ordered that the decision of the Hearing Examiner is affirmed. DATED: July 18, 1991. ORDER ON APPEAL - 2 [ r/1439R