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Denison council moves to remand Board of Adjustment item over missing written findings
Summary
After legal staff cited municipal ordinance 1-74.13, the council directed that a Board of Adjustment decision be remanded so the BOA can file the written findings and evidence required by code before council review or potential judicial appeal.
Denison City Council directed staff to return a Board of Adjustment (BOA) matter to the BOA for completion of a written decision after city legal counsel said the municipality’s code requires a filed written finding before the council may treat the BOA action as effective.
City attorney (speaking during the meeting) cited Municipal Ordinance 1-74.13 and told the council that "the board's action shall not become effective until it has filed a written decision" describing the action, the vote of each member and the reasons for those votes. The attorney said minutes and incidental video alone “may not cut it” because the ordinance requires evidence or written testimony supporting each variation or exception granted or denied.
Rob Bradley, chairman of the Board of Adjustment, said the BOA prepares a written decision after its meetings and that a typed document exists in a clerk’s office pending the board’s signatures. "Every single one of our meetings have been conducted the exact same way," Bradley said, describing minutes, recordings and a post‑meeting written form.
Members and residents also raised evidentiary questions. A resident who spoke during public comment cited third‑party sources, saying research "showed anywhere from 33.9% drop in property values as high as 13%" and urged an independent third‑party appraisal rather than a web search.
City staff clarified practical next steps: evidence intended for the BOA should be provided with sufficient lead time—preferably 24 hours—so it can be included in the packet the BOA reviews. Council counsel recommended remanding the decision to the BOA so the BOA can produce or finalize its written findings; staff said they will consult the city's legal counsel and the League of Cities for additional guidance and return the item to council after the BOA acts.
The action is administrative and procedural: the council’s direction seeks to ensure the record (the written decision and supporting evidence) exists for any future administrative review or appeal rather than resolving the underlying permit question at this meeting.
