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Board discusses limiting continuances in updated rules; staff to circulate redline for review
Summary
Attorney Hail presented a redline of proposed BZA rules that would limit continuances (suggested up to three, with subsequent continuances requiring board vote and good cause) and create refile timelines (3 months after withdrawal, 12 months after denial); the board debated notice timing and enforcement.
Attorney Hail introduced a redline draft of revised Board of Zoning Appeals rules of procedure and focused attention on section 7.5, which addresses continuances. "If a petitioner keeps asking for continuances, there needs to be some way of allowing a number of petitions that we might be satisfied with and forcing the petitioner to do one of two things: either make a presentation and consequently have a vote on the petition or withdraw it," Hail said, explaining that the draft would allow an applicant one continuance by right and then require the board to find good cause for subsequent continuances.
Under the proposed approach Hail described, a petitioner who withdraws a petition would be barred from refiling a substantially similar petition for three months; a petition denied would be barred from refiling for 12 months. The draft would permit staff to request one continuance by right, after which staff would also need to show good cause. Hail said remonstrators (those opposing an application) would retain statutory rights to request continuances but must demonstrate good cause to the board for grant.
Board members asked clarifying questions. Brian Gross pressed for distinctions between last-minute withdrawals and earlier withdrawals and whether the rules should differentiate timing; Hail agreed it would be reasonable to create such distinctions and suggested staff could be allowed to grant a pre-hearing continuance under a short deadline. Members also discussed notice problems and the Monday-before-hearing deadline in the draft; the group debated whether to require notice materials earlier so newspaper publication and registered-mail timelines are reliably met.
Hail said the redline copy would be circulated by email because it was not included in the meeting packet, and he suggested returning to the topic at one more meeting with a final vote expected at a future date (potentially in August).
