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Planning staff, city attorney brief Apache Junction Board of Adjustment on variances, appeals, ex parte rules
Summary
Planning staff and the city attorney reviewed the board's authority, variance and appeal procedures, ex parte prohibitions, notice requirements (300-foot radius) and the one-year timeline often attached to variances. They illustrated points with case-law examples on standing and anti-SLAPP protections.
Planning staff and the city attorney gave a procedural and legal briefing to the Apache Junction Board of Adjustment at the Dec. 8 meeting, summarizing what the board can and cannot decide and how contested cases are handled.
Rudy (planning staff) described the two typical case types that come before the board: variances (requests to deviate from development standards such as setbacks or height) and appeals of the zoning administrator's interpretation of the ordinance. He noted the board receives such cases relatively infrequently and that staff…
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