File #: 15-0434    Name: Refund of appeal fee to Brian Finnegan
Type: General Agenda Item Status: Passed
File created: 4/29/2015 In control: Board of Supervisors
On agenda: 6/23/2015 Final action: 6/23/2015
Title: a. Authorize the Clerk of the Board of Supervisors to process a request to refund $1,728.07 to Brian Finegan for the Robert Ivie appeal (PLN140077) that was withdrawn on March 16, 2015. b. Authorize the Auditor/Controller to issue a refund in the amount of $1,728.07.
Attachments: 1. Board Report, 2. Attachment A - Ivie Appeal PLN 140077, 3. Attachment B - Receipt for Payment of Appeal, 4. Attachment C - Letter requesting withdrawal of the Ivie Appeal (PLN 140077), 5. Attachment D - Monterey County Land Use Fees, 6. Completed Board Order
Title
a. Authorize the Clerk of the Board of Supervisors to process a request to refund $1,728.07 to Brian Finegan for the Robert Ivie appeal (PLN140077) that was withdrawn on March 16, 2015.
b. Authorize the Auditor/Controller to issue a refund in the amount of $1,728.07.

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Authorize the Clerk of the Board of Supervisors to process a request to refund $1,728.07 to Brian Finegan for the Robert Ivie appeal (PLN140077) that was withdrawn on March 16, 2015.
b. Authorize the Auditor/Controller to issue a refund in the amount of $1,728.07.

SUMMARY/DISCUSSION:
On February 17, 2015, Brian Finegan, Attorney at Law, representing Robert Ivie, filed an appeal (PLN140077) and requested a hearing before the Monterey County Board of Supervisors pertaining to the Planning Commissions' decision of January 28, 2015. Prior to scheduling the hearing, the appeal was withdrawn. The Monterey County Code does not provide the Clerk of the Board of Supervisors the authority to refund appeal fees paid if the matter does not proceed to hearing. Specifically, the Monterey County Code section 21.80.050 states:
* C. An appeal shall be in writing and shall be filed with the Secretary of the Planning Commission or the Clerk to the Board of Supervisors, as appropriate, and with Appropriate Authority within ten (10) days after written notice of the decision of the Appropriate Authority has been mailed to the applicant.
* D. At the time of the filing of the appeal the appellant shall pay the required filing fee as established from time to time by the Board of Supervisors, to the Secretary of the Planning Commission or the Clerk to the Board of Supervisors as appropriate.

OTHER AGENCY INVOLVEMENT:
County Counsel and Planning concur with the recommendation for a refund.

FINANCING:
There is no financial impact to the Clerk of the Board's budget; however, fees deposited to Departments as outlined in t...

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