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Board debates requiring City Council to use same variance checklist or send appeals to court
Summary
Board members and staff discussed a proposed ordinance change that would require the city council to apply the board of adjustment's variance checklist when hearing appeals, or alternatively remove council from the appeal path so appeals go to court; staff plans to present draft language to council in early December.
The board of adjustment discussed whether the city council should be required to apply the board's hardship checklist when hearing appeals of variance denials, or whether appeals should instead bypass council and go directly to court.
Speaker 2, a staff member, told the board that the current arrangement creates a tension "because it presents a potential conflict between planning and zoning in the city council." Staff said the city council is not currently required to make the same findings the board must make and outlined two options: require council to follow the board's checklist or remove council from…
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