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MEMO <br />TO: Council and <br />pp Planning Commission <br />FROM: Richardanush, Director of Community Development <br />DATE: April 22, 1987 <br />SUBJECT: Minor Amendment to Westfield II PUD <br />0n March 27, 1987 I sent you a memo informing you that I approved <br />a minor amendment to the Westfield II PUD under Section 17.28.210 <br />(A) of the Louisville Municipal Code. (Memo attached) As a <br />result of this approval, a building permit was issued and <br />construction was begun. <br />0n April 17, 1987, Kim Price, a nearby resident, filed an appeal <br />with the Board of Adjustments and Appeals alleging that staff was <br />in error when it approved the minor amendment. She claimed that <br />the amendment was major and should be approved by the Planning <br />Commission and City Council per Section 17.28.210 (B) of the <br />Code. This type of appeal is authorized in Section 17.48.090. <br />In addition, Section 17.48.100 stipulates that an appeal stays <br />all proceedings. In light of this, I instructed the Building <br />Inspector to stop all work on builidng #11 until this matter has <br />been reviewed by the Board of Adjustment and Appeals at a meeting <br />on May 6, 1987. <br />If the Board upholds staff, the only recourse for the applicant <br />is to appeal the matter to the courts. If the staff decision is <br />overturned, McStain would most likely have to follow the <br />procedures for a major amendment to a PUD which would include <br />approvals by the Planning Commission and City Council. <br />1 <br />