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Board of Zoning Adjustments Regular Meeting December 6, 2007 Minute No. 2007-23 Page 15 of 16 that were separate and aside from the CUP issues, were being litigated at the Federal Court level. Member Shields asked if the applicant could reassess other city codes with the intention of coming before the BZA again. City Attorney Stuart replied this application did not affect any other avenue the applicant may have. Member Marr asked if the applicant could reapply for a rezoning application, although it had been heard and denied. City Attorney Stuart said that the church would have to wait for one year before bringing their application back again, as would any applicant. Member Marr asked since the application was for rezoning and this was the Board of Zoning Adjustments, why did they have to go to the Planning Commission? City Attorney Stuart stated that the Planning Commission was charged with zoning and rezoning tasks and the Board was not. Member Pearson reminded the Board that they were emotionally siding with the church, which was a beneficial part of the community. However, that was not the function of the BZA. The BZA's function was to make a ruling based on existing zoning and whether this application applied. Motion to Deny PLN2007-00013 with all recommended findings (Pearson/Shields; 7 Ayes, 0 Noes) Secretary Penaranda announced that the Board of Zoning Adjustments decisions were final and could be appealed to the City Council by filing a form with the City Clerk within 15 calendar days of the approval, which would be the end of the business day on Friday, December 21, 2007. The form shall specifically state the reason for the appeal. An appeal fee was required. Item 7: Findings of Fact None Item 8: Miscellaneous None IItem 9: Board Members' Comments Member Shields asked if staff knew what might happen concerning the Levitz facility after they went out of business. Secretary Penaranda knew of no one who was interested in locating at that site.