Planners endorse replacing Board of Adjustment with contract administrative law judge, recommend notice expansion

The Snyderville Basin Planning Commission recommended the County Council replace the local Board of Adjustment with a contract administrative law judge (ALJ) to hear variances and certain code-enforcement matters, forwarding a positive recommendation with a request to expand public notice.

Commissioners discussed a substantial code amendment (to the Snyderville Basin Development Code) that removes the five-member Board of Adjustment and assigns variance and administrative enforcement hearings to an ALJ under state law. That change would also align the county’s process with recent state statutory changes that, in staff’s words, "no longer allowed" public hearings in variance proceedings.

Principal Planner Ray Milliner told commissioners the amendment is intended to create a consistent, legally grounded process for quasi-judicial decisions. "State law recently changed, and we're no longer allowed to conduct a public hearing as part of the variance," Milliner said, adding that an ALJ would be a trained, legally experienced reviewer who could apply strict statutory criteria and produce a clearer record for any appeals.

Commissioners asked procedural, cost and access questions. Several raised concerns about perceived public-deference loss if citizen board members are replaced. Commissioner Young recused himself from this agenda item because of his service on the Board of Adjustment; the commission acknowledged his recusal on the record.

Staff and other commissioners described the move as an efficiency and consistency measure: county code-enforcement caseloads have increased and require more frequent, legally precise hearings. Staff said the county has budgeted to contract for an additional ALJ position focused on land-use and code-enforcement matters and that the county would issue a request for qualifications to select a qualified contract ALJ.

Milliner and other staff described key operational points: - Variance proceedings are now quasi-judicial and judged against strict criteria (hardship must be demonstrable and site-specific). Appeals from an ALJ decision would go to the district court rather than the council. - Public attendance at ALJ hearings would be permitted, but the new state law would prohibit public comment in the hearing; the public can still observe the proceedings and pursue any allowed appeal paths. - Having a contract ALJ would allow more regular monthly hearing dates and reduce delays caused by gathering a volunteer five-member board and securing quorums. - Applicant fees and submittal requirements are expected to remain the same; the county’s budget includes funds for the contract ALJ.

Commissioners also discussed ways to preserve community input within the new process. Several suggested expanding the notice radius for variance items beyond the current 300-foot standard and ensuring written public records of ALJ decisions are published. Commissioner Peter Roy expressly asked about notice and transparency; one commissioner asked staff to include the commission’s discussion and suggested notice changes in the report to council.

After discussion, a commissioner moved to forward a positive recommendation to County Council for the amendments described in the staff report, amended to cite the findings of fact and conclusions of law in the report. The motion passed on a roll-call vote with the commission recording multiple ayes. The commission asked staff to include the record of this discussion for council consideration and suggested the council consider expanded public notice as part of the package.

The commission recognized outgoing Board of Adjustment members Charles Anderson, Spencer Young, Sandy Margolis, Susan Kucher and Clint Benson for their service during the meeting.