Lack of Proper Notice of April 2017 Lot Split Application Deprived Residents of Due Process

Below are the certified mail receipts delivered to the City’s Planning Commission just before the April 19, 2017 Hearing on a third lot split application filed by the property owners at 1000 Elmwood. These were obtained from the City through a public records request.

Certified Mail Receipts.jpng

According to the receipts, certified mail was sent to each property owner on Friday, April 14, 2017. Excluding the date of mailing, the notice was just five (5) days before the Wednesday April 19, 2017 hearing on the property owners’ third Application.

The City’s Planning Commission requires 15 days notice, according to the application packet (page 2) it prepares each year which gives residents information needed to apply for not only a lot split but all other matters brought before the Planning Commission.

According to the US Postal Service, the certified mail listed below was delivered to all but one of the property owners on Saturday, April 15, 2017, just four (4) days before the hearing.

70170660000079280537 

70170660000079280506

70170660000079280520

70170660000079280490

70170660000079280476

70170660000079280483

The certified mail identified as 70170660000079280513 was returned unclaimed. 

Although notice was deficient, the Planning Commission nevertheless went forward with the hearing, and granted approval for the lot split. The minutes reflect that the Commission didn’t confirm proper notice was provided by the property owners. Just another misstep by the City in relation to the approvals granted at 1000 Elmwood that adversely affected the rights of residents.

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