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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.

E. Schmidt September 21, 2012 at 01:46 PM
Hi Bryanna, I sent you an electronic copy of the text of the cover letter and the aggrieved parties’ appeal. You are welcome to post it as an attachment to the article for all to see. It will no doubt prove informational and instructional to other Ellisville residents who may unfortunately one day find themselves with a project using the Threat of Eminent Domain, Tax Increment Financing and a questionable Conditional Use Permit on their doorsteps. We asked that the City of Ellisville to "...make a copy of this appeal and the above requested city response easily available on the Ellisville web site so that all signers of this document may view the entire response." We hope the city complies in the interests of transparency. It would also give all residents of Ellisville an opportunity to view the response since the Sansone Walmart TIF project affects everyone.
Bryanna Hampton September 21, 2012 at 02:37 PM
Thanks, E.! I've converted it to a PDF and attached it to the media in this story.
E. Schmidt September 22, 2012 at 05:36 PM
Hi Bryanna, When I click on the document, I do not get the pdf. Is anyone else having that problem?
Caffeinated September 22, 2012 at 06:11 PM
I see it. Looks like it's hosted in Sribd and inlined on the page. You may have a security setting in your browser preventing display.
E. Schmidt September 22, 2012 at 07:26 PM
Yep. That's it. Thanks much. If we ever meet, the coffee's on me. You'll be the one with the wings in the tidy whities. I'll be the older Janis Joplin looking character carrying an autoharp. http://www.cookephoto.com/janisautoharp.html I should be a weirdly angelic moment... I'll let you play my harp if I can shoot your bow and arrow.
Caffeinated September 22, 2012 at 09:57 PM
:)
mike k September 22, 2012 at 11:37 PM
you two are definitely a match made in heaven
mike k September 23, 2012 at 01:12 AM
"I'll let you play my harp if I can shoot your bow and arrow" LOL, you just can't make this stuff up.
K James September 23, 2012 at 02:16 AM
Not to ask a silly question. But now that you have filed an appeal what happens next? The city counsel MAY reconsider. Does it HAVE to reconsider?
mike k September 23, 2012 at 02:48 AM
what happens is they file it in the nearest trash receptacle
E. Schmidt September 23, 2012 at 12:10 PM
What happens next? We wait for the official response.

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