01/24/2002
ADMINISTRATIVE HEARING
Occupational License Appeal – Tom Selhorst
January 24, 2002 – 2:00 p.m.
Present: Garry Brumback Assistant City Manager
Leslie Dougall-Sides Assistant City Attorney
Cyndi Tarapani Planning Director
Brenda Moses Board Reporter
Also Present: Mark Jacobson Glass America
Tom Selhorst Appellant
Appellant Exhibits: None
City Exhibits: None
Assistant City Manager, Garry Brumback, representing City Manager Bill Horne,
opened the meeting at 2:01 p.m.
Assistant City Attorney Leslie Dougall-Sides explained the rules governing the
procedures as specified in Section 29.41 of the City Code of Ordinances.
Appellant Tom Selhorst said he would proceed under protest as he had asked
his case be heard in front of the City Commission at a regularly scheduled meeting. Mr.
Brumback said Mr. Selhorst has 2 options: 1) A City Manager Designee appeal
procedure, or 2) file a petition and pay a fee to request the CDB (Community
Development Board) review the request for appeal. Mr. Selhorst said he prefers to go
before the CDB and would re-file his application.
Ms. Dougall-Sides said Section 4-501A(4) of the Code of Ordinances specifies
criteria regarding denials of licenses. Planning Director Cyndi Tarapani said that section
of the Code contains a specific procedure, which requires 4 of the 7 members of the
CDB to agree to hear a case, and there are high standards to grant an appeal. Ms.
Dougall-Sides said the criteria for granting an appeal by the CDB, states that the CDB
must find that staff made the decision by misconstruing or incorrectly interpreting the
provisions in the Code, or that the decision was not in harmony with the general intent
and purpose of the Code, or that the request would be detrimental to public health,
safety and general welfare. Four members of the CDB must vote to pull an item from
the Consent Agenda for an appeal to be heard. Ms. Dougall-Sides said there is a higher
fee for that appeal process.
In response to a question, Ms. Tarapani said as Mr. Selhorst is appealing to the
CDB rather than to the City Manager Designee, he must re-file his application for an
appeal under Section 4-501 with the Planning Department. She stated she was unsure
what date his case would be heard, as there are advertising deadlines associated with
all applications.
Mr. Selhorst referred to some items regarding amendments to the Community
Development Code he felt the Planning Department is trying to push through to the
Commission. Ms. Tarapani requested he add a cover letter to the information and
submit it to her.
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In response to a question, Ms. Tarapani said the license issued to Glass America
is office use only. No work may be done on site, no outdoor storage is permitted, and
auto glass replacement work must be done off premises.
Mark Jacobson, Glass America, asked why he is being limited to certain
functions. Ms. Tarapani said although Mr. Selhorst has indicated he does not wish to
proceed with today’s hearing, she would answer the question. She said the property is
zoned commercial and Mr. Jacobson is proposing vehicle service. The Code does not
allow vehicle service as a use in the Commercial zoning district.
Mr. Selhorst referred to a license issued to him for another purpose. Ms.
Tarapani said that license is not at issue at today’s hearing.
Mr. Brumback concluded the proceedings at 2:16 p.m.
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