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Grant County APC votes to repeal director-level minor-variance procedure

Grant County Area Planning Commission · February 4, 2026
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Summary

The Grant County Area Planning Commission voted to remove the alternate hearing-officer mechanism that allowed an executive director to grant minor setback variances (10% or less), sending all variances to the BZA unless the ordinance is later amended.

The Grant County Area Planning Commission voted on Feb. 2, 2026, to repeal the alternate minor-variance procedure that let a hearing officer (previously the executive director) grant setback variances of 10% or less. The motion, moved from the floor and seconded, passed on a roll-call vote after commissioners debated tradeoffs between administrative speed and public notice and due process.

Staff framed four options for the commission: keep the director as hearing officer, retain the ordinance but remove the director with no replacement, appoint a different hearing officer, or amend the area-wide zoning ordinance to eliminate the alternate procedure entirely. Commissioners cited past instances where director-level approvals had produced neighborhood complaints and said they were concerned about the perception of ad hoc approvals without full public hearings.

Supporters of repeal said leaving minor-variance decisions to the Board of Zoning Appeals would preserve public notice and neighbor due process; opponents said the alternate procedure can reduce backlog and help simple, time-sensitive requests. Staff said the APC had not issued any 10% variances during the past year and had forwarded those cases to the BZA.

The commission’s action removes the hearing-officer mechanism from the area-wide zoning ordinance (referenced in the meeting as §153.104). The chair instructed staff to reflect the decision to repeal in the next steps for bringing any ordinance change before the Board of County Commissioners if required by process. The vote was recorded by roll call in the meeting minutes.

Next steps: The APC action changes the APC’s operating practice; if the commission or county later decides to restore an alternate procedure it would require either a policy decision or an ordinance amendment, depending on the approach chosen at that time.