Walmart Appeal: What's Next?
Ellisville residents and property owners filed an appeal for a Walmart conditional use permit earlier this week.
After the conditional use permit for an Ellisville Walmart project was approved by the city council Sept. 5, residents and property owners submitted an appeal to the city regarding the permit decision.
Working within the allotted 15-day timeframe after a decision is made, City Attorney Paul Martin said eight property owners along Covert and Macklin Drive filed the appeal Sept. 19.
Ellisville city code spells out the guidelines for the conditional use appeal process in section 400.150(K):
An aggrieved party may, within fifteen (15) days of the decision for which redress is sought, file with the City Council a written request for reconsideration and appeal of any decisions of the City Council under this Article. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and any supporting documents or materials filed by aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by certified U. S. mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The City Council may consider the appeal on the record of the prior decision or may, at its sole discretion, receive additional evidence in such manner, as it deems appropriate in light of the circumstances.
Martin told Patch the city council is expected to address the appeal at the next council meeting, Oct. 3. He added that city staff will review the appeal and provide additional information.