Cypress Grove Appeal Revised – April 26, 2012

Thursday, April 26, 2012

A page from the altered statement of appeal, modified April 25.

 Kevin L. Hoover

Eye Editor

CITY HALL – The individuals appealing Cypress Grove Chevre’s cheese factory project have revised their appeal document, and could do so again.

The original appeal, filed on Tuesday, April 24, the last day of the allowed 10-day appeal period following the April 10 Planning Commission hearing in which the project was approved, contained both minor grammatical and major factual errors – most notably the claim that “Pedestrians must walk in traffic on Q Street for almost two blocks immediately south of the Project – there are no sidewalks for safety.”

In fact, sidewalks were installed in that area of Q Street three months ago. As of the morning of April 26, the revised appeal lets stand that erroneous claim.

The revision alters a “Proposed Mitigation” from “Develop a sidewalk from Cypress Grove’s property line along the east side of Q Street to 12th Street” to “Develop a sidewalk from Cypress Grove’s property line to and along the east west side of Q Street to 12th Street.” (Alterations italicized for emphasis.)

The revisions were submitted and accepted by the Community Development department in the late afternoon of April 25, a day after expiration of the appeal period. The document revised on April 25 stills bears a stamp stating, “RECEIVED APR 24 2012 COMMUNITY DEVELOPMENT AND BUILDING.” It also bears Armstrong’s signature, with an April 24 date.

Deputy Director of Community Development David Loya said that the actual appeal application is the important core document, and that corrections to the accompanying statement of appeal are allowed after the appeal dealing, potentially right up to the time the City Council might consider the matter.

“Until they get a hearing, they can submit additional material,” Loya said. “These types of changes are essentially insignificant.”

No date has yet been scheduled for the appeal to be heard. Loya said that the council will hear the appeal at the “next reasonable hearing,” which depends on the council’s schedule and other pending business.

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