City attorney trains Fenton adjustment board on variance, appeal and ethics procedures

City attorney Aaron led a training for Fenton's Board of Adjustment and the Board of Administrative Review at a regular meeting, walking members through their powers, procedural rules, standards for variances and limits on outside communication. "You are the only board that actually has the authority to modify or change the application of the code to someone's property," Aaron told members, stressing the board's quasi-judicial role.

The training explained why the boards matter: the Board of Adjustment can hear appeals of administrative interpretations and may grant variances that alter how the city code applies to a particular property. Aaron said the board's authority must be exercised "in the spirit and intent of the ordinance," and that decisions must be supported by "competent and substantial evidence." He warned that granting a variance without adequate evidence can lead to a court remand.

Aaron outlined two general variance types: use variances (called "unnecessary hardship" in the meeting), which are rare and require proof that the land cannot yield a reasonable return from any allowed use, and…