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Cosmopolis considers dissolving Board of Adjustment, weighing hearings examiner versus council review

Cosmopolis City Council · July 5, 2024
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Summary

Staff told the council that all Board of Adjustment terms expired in 2022 and no volunteers have come forward; city attorney explained options (retain board, hire a hearings examiner for neutrality at additional cost, or have council act as the board), and staff recommended further study and an ordinance draft for council consideration.

Council members were briefed on an administrative problem: Cosmopolis—s five-member Board of Adjustment has no active members after term expirations in 2022, leaving the city without its usual variance-hearing body.

The city attorney advised the council of three options: reconstitute the Board of Adjustment, hire a third-party hearings examiner (which provides neutral, quasi-judicial review but adds cost), or have the city council serve as the board of adjustment. The attorney noted that other small cities have moved back and forth between these options.

"There are advantages and disadvantages to both," the city attorney said, recommending further study and suggesting the council create a committee to examine the issue and draft ordinances if the council wishes to change the process. Staff reported there are currently two pending variance requests and that most past requests involved minor issues such as fence heights or front-yard encroachments.

Councilors discussed cost estimates and how petition fees typically pay hearings-examiner costs when an external examiner is used. One councilor asked the attorney to draft ordinances to dissolve the board and outline a hybrid model when appropriate; the attorney said he could work on that without a formal motion. The council did not adopt an ordinance that night and asked staff to pursue more information and committee review.