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Board of Adjustment debates requiring City Council to follow variance checklist or sending appeals to court
Summary
At a meeting of the Board of Adjustment, members and staff discussed proposed changes to the citys variance-appeals process after a recent instance in which the City Council overturned a board decision.
At a meeting of the Board of Adjustment, members and staff discussed proposed changes to the citys variance-appeals process after a recent instance in which the City Council overturned a board decision.
Board members and staff outlined two options under consideration: require the City Council to make the same specific findings listed in Chapter 15-24(f) before overturning or modifying a board decision, or remove the council from the administrative appeal path so appeals from the board would proceed directly to court under state law.
A staff member explained the trade-offs: "The other option is state law does not require appeals from the board of adjustment to go to a city council. Appeals from the board of adjustment by state law could directly go to court as an appeal." The staff member also noted the practical…
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