Ordinance 2007-277 - Laserfiche WebLink

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While the exemption does not apply in this case, your client still has an opportunity to achieve favorable conditional use approval from the Planning and Zoning Department for the liquor store within the Publix development if certain conditions are imposed to mitigate the impact on surrounding neighborhoods. These conditions will be presented to you during the zoning reVIew process. Appeal Before providing me with an opportunity to respond to your letter, you filed an appeal with the City Manager. The appeal letter is attached hereto. In that appeal, you asked the City manager to reverse my legal opinion pursuant to Section 265-22 of the City Code. As you know, my legal opinions are not subject to review under the aforementioned section. In the past, the City Attorney's Office has provided you with legal opinions. These opinions were not subject to the appeal process outlined in Section 265.22. Even if we assume that your appeal is valid, the City Charter does not provide the City Manager with the authority to reverse the City Attorney's legal opinions. See, Sections 3.2 and 3.6 of the City Charter. Thus, your request is not permissible under the City Charter. Please be advised that your appeal will not be processed. As such. I am returning the $3.000.00 appeal processing fee. I trust that this letter is responsi ve to the questions posed in the attached letter. Please feel free to call me should you have any questions about the foregoing. .~ ~. ,Since y,/7 /;l . .' J / -/ /;J .// ./ . I /;~. / \ - .' I /./ r . ). not' ttorney Attachments: Cc: The Honorable City Commission A. John Szerlag, City Manager Patricia SaintVil-Joseph, Deputy City Attorney Jorge Vera, Asst. City Manager/ Services Robert Solera, Community Development Director Steve Belden, Calvin Giordano & Associates Elena Del Campillo, Planning & Zoning Technician Mario Garcia-Serra, Esq.