§ 21.11.304. Decision.

A.

Every decision made by the board shall be based on and include findings of fact and conclusions. Every finding of fact shall be supported in the record of the proceedings. The findings shall be sufficient to provide a reasonable basis for understanding the reasons for the decision. In considering and applying any applicable approval criteria, the board shall make specific findings as to why the criteria have or have not been met.

B.

The findings of fact and decision of the board at the scheduled hearing shall become final seven (7) calendar days after the date the decision is made on the record, unless:

1.

Prior to the expiration of the seventh day, a written request is received by the secretary to:

a.

Prepare a written decision based upon the record made at the hearing; and

b.

The request is accompanied by a written notice of intent to appeal.

C.

If a written request is received within seven (7) calendar days of the board's decision on the record, the secretary shall prepare proposed written findings of fact and decision to submit to the board at its next regularly scheduled meeting, or as soon thereafter as feasible.

D.

Board review of the written findings of fact and decision shall have priority over regular agenda items, and shall be approved, as amended by the board if necessary, and become the final appealable decision of the board.

E.

Within twenty (20) days of the approval of the final appealable decision pursuant to subsection D. above, an applicant or other interested person must file with the municipal clerk either:

1.

A written motion alleging new evidence or changed circumstances, pursuant to section 21.11.503; or

2.

An appeal of the board's final appealable decision, pursuant to municipal code chapter 21.30.

F.

If a motion alleging new evidence or changed circumstances is timely filed pursuant to subsection E.1. above, the time for appeal is stayed pending a decision on the motion. In the event the board determines to reopen and/or rehear new evidence or changed circumstances, time for appeal is stayed pending a decision on rehearing.

1.

A board decision on a motion, with or without rehearing, is not a final appealable decision for purposes of a subsequent motion alleging new evidence or changed circumstances. A subsequent motion alleging new evidence or changed circumstances shall be automatically rejected by the municipal clerk without hearing or reconsideration by the board.

G.

After a decision by the board on a timely filed motion alleging new evidence or changed circumstances, the time for appeal shall begin to run. An applicant or other interested person must file an appeal within ten (10) days after the date of the board's decision, or the initial decision of the board shall become final.

(AR No. 81-6; AR No. 83-126; AR No. 84-227; AR No. 2004-215(S), § 5, 12-7-04; AR No. 2005-15, § 2, 2-15-05)

Authority— Anchorage Municipal Code 3.40, 4.05.120, 21.10.035.