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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 the appeal route so appellants would pursue court review under state law.
Why it matters: Board members said requiring the same findings on appeal would protect the zoning code from being effectively changed by broad or generalized variances. Speaker 1, a city council member, said an appeal should remain available because the council is elected and emphasized frustration at a recent overturn: "I was furious about that change." Speaker 4, a board member, said the council's decisions "should be based on the same set of criteria as ours," arguing that otherwise a single variance could become a precedent that erodes setbacks and other zoning limits.
Cost and process: Speaker 5 asked whether appellants pay a fee to appeal to council; Speaker 2 answered plainly, "They do not," and said that litigation would almost always be more expensive than any administrative fee. Staff described the draft ordinance language (the "green text" in the packet) as calling out the factors in "chapter 15-24 f" that council would need to consider to overturn or modify a denial.
Next steps and timing: Speaker 2 said planning and zoning would hold a public hearing, make a recommendation to city council and that council would follow its normal ordinance process. Staff suggested initially placing the draft on a council agenda as a discussion item to gauge interest before a full ordinance process. The board's variance public hearing is scheduled for the 20th; staff said the next city council meeting is the 17th at 6:00 p.m. and that council could consider the matter on December 1 depending on scheduling.
No formal ordinance was adopted at the meeting. The board agreed staff would prepare the proposed language and submit it to the council system; board members were encouraged to attend the council discussion. The meeting adjourned shortly afterward.
