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Weber County to replace Board of Adjustment with appeals and variance hearing officer
Summary
Commissioners approved the first reading of an ordinance to repeal Board of Adjustment provisions and create a contract-based appeals and variance hearing officer role, which county staff said will provide qualified, timely decisions and reduce quorum delays for variance and appeal cases.
The Weber County Commission on March 10 approved the first reading of an ordinance to repeal sections governing the Board of Adjustment and to establish provisions for appeals and variance hearing officers.
Charlie, the presenting staff member, told commissioners the change swaps a volunteer lay board for a professional hearing officer (or multiple contracted hearing officers) who will have minimum qualifications—such as being an attorney or an AICP-certified land-use planner—and can decide cases individually. Charlie said the benefits include greater subject-matter expertise and fewer scheduling delays caused by difficulty constituting a quorum with a volunteer board.
"There's actually a few advantages," Charlie said. "Having an attorney or AICP certified land use planner be a hearing officer, you've got all of the knowledge and background of those credentials to help make good decisions. ... Sometimes the board of adjustment doesn't meet very often, and it's hard to constitute a quorum." He added staff expects to present at least one candidate for a contracted hearing officer to the commission soon.
Commissioner Sharon Bolles moved approval of the first reading; the motion was seconded and approved by voice vote. The ordinance will return for a subsequent reading and the county indicated contracts for hearing officers would be presented to the commission in upcoming meetings.
If adopted, the change would move appeal and variance decisionmaking from a volunteer board to a contracted, professional hearing officer model; the county said contracts and specific appointments will be brought forward for commission consideration.
