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Board of Appeals seeks outside counsel to clarify enforceability of conditional-use conditions
Summary
The Board of Appeals voted Nov. 7 to seek independent legal counsel after staff reported a landscaping condition tied to a conditional-use approval for Zelman Funeral Home had not been completed and may not be enforceable under state law.
On Nov. 7, 2024, the Board of Appeals voted to seek independent legal counsel to clarify which zoning or conditional-use conditions are legally enforceable after staff reported an outstanding landscaping requirement tied to Case 523.
Tim Borsier, director of planning, told the board that Zelman Funeral Home required conditional-use approval when it moved into the commercial district and that renovations took about 18 months. He said that when…
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