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Jared Phillips urges review after city attorney treats special-height exceptions like variances
Summary
Resident Jared Phillips told the Building and Standards Commission that the city attorney has been treating special-height exceptions and variances as the same thing, and asked who provides checks and balances over Board of Adjustment interpretations; staff recommended referring the matter to Planning and Zoning.
Jared Phillips, a resident who spoke during public comment, told the Building and Standards Commission that recent training and case handling by the city attorney have blurred the distinction between a special-height exception and a variance and left him unable to move forward with his application. “The attorney also, I guess, told Jordan at that time a variance and special height exception are the same thing,” Phillips said, adding that he wrote to the city manager and sought a rehearing after conflicting guidance.
Chair (speaker 1) told Phillips the commission lacks jurisdiction over zoning matters under Chapter 14 and suggested the council could form a committee to review code-of-ordinances questions. A staff member said zoning-specific matters belong to Planning and Zoning and offered to request that the issue be added to the PNC agenda for discussion and possible action.
Linda Aird, a current Planning and Zoning member who spoke later during public comment, said Board of Adjustment decisions historically grant exceptions only rarely and urged the city to change the ordinance if clear problems exist rather than routinely granting exceptions. “If 15 feet is too low, change it,” Aird said, arguing that consistent application of ordinances is fairer than ad hoc exceptions.
Why it matters: The distinction between a variance and a special-height exception affects what applicants must prove and which standards apply; residents said inconsistent interpretations can leave applicants stuck, while staff recommended handling the procedural issue through Planning and Zoning so policy and code placement can be clarified.
What comes next: Staff said the Planning and Zoning agenda will be posted ahead of that body’s meeting and that the matter can be made an action item there for fuller review. The Building and Standards Commission did not take formal action on individual cases during this meeting.
