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<br />City of La Porte <br />Interoffice Memorandum <br /> <br /> <br />To: <br /> <br />Mayor and City Council <br />Debra B. Feazelle, City Manager <br /> <br /> <br />From: <br /> <br />John Joerns, Assistant City Man e <br /> <br />cc: <br /> <br />Cynthia Alexander, Assistant City anager <br />Nick Finan, Interim Planning Director <br /> <br />Date: <br /> <br />April 21, 2004 <br /> <br />Subject: <br /> <br />Request to Withdraw Council Agenda Item Relating to SCUP for Multi-Family <br />Development at Southeast Corner of McCabe Road and SH146 <br />RE: Planning and Zoning Recommendation to Deny <br /> <br />Yesterday afternoon the City Secretary's office received a verbal request from the Burchfield <br />Companies to withdraw this item from the April 26 Council Agenda. The question of withdrawing an <br />item/recommendation from Planning and Zoning Commission was passed on to me. <br /> <br />After visiting with John Armstrong, the following points are prepared for Council's consideration: <br /> <br />o The applicant has the right to request a withdrawal. However, the City Council has the right to <br />act on Planning and Zoning Commission's recommendation to them. <br />o Public Hearing Notice has gone out, the Public has right to show up and be heard. <br />o It would be up to Council to: <br />o Accept applicant's request to withdraw (and to remand back to Planning and Zoning <br />Commission to further address issues). <br />o Act on the recommendation of Planning and Zoning Commission: <br />· To deny (simple majority) <br />· Or approve (overturn Planning and Zoning Commission recommendation to <br />deny, which takes super majority) <br />· Approval could include a list of conditions provided and/or added to by Council <br /> <br />If Council acts on Planning and Zoning Commission's recommendation to deny - it is 6 months before <br />they can re-apply. <br />