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Board denies rehearing on second variance request; appellant may reapply
Summary
The board unanimously denied a rehearing request for the second case (listed as O321 on the agenda), finding no new information or error of fact or law; members noted the appellant could refile as a new application or drop the matter.
The board voted unanimously to deny a rehearing request for a second zoning case, identifying no new information or error in the original proceeding.
Unidentified Speaker 3 moved to deny the rehearing request on the basis that "no new information has been provided, and there has been no evidence that the board has made any error in fact or law." The motion was seconded (recorded by Unidentified Speaker 1), and the board voted in favor; the presiding member announced the rehearing was denied.
Members noted practical consequences for the appellant: the applicant could refile a new variance application that addresses the prior shortcomings or choose not to pursue the matter. Unidentified Speaker 2 observed that, depending on the specifics, the appellant could scale the project and submit a new case; staff and members said that refiling would become a new matter on the board's agenda.
The transcript does not record numeric vote counts for the denial beyond a unanimous voice vote, and no further procedural steps or dates for appeal or reapplication were specified on the record.
