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ZBA discusses role on proposed UDO amendment and DRB advisory request
Summary
Members of the Zoning Board of Appeals discussed a request from the Design Review Board for an advisory opinion on a proposed UDO amendment that could shift certain hardship grievances; city counsel cautioned the board on the limits of legal guidance and said the city council makes final adoption decisions.
At the start of the June 1 meeting the Zoning Board of Appeals reviewed a request from the Design Review Board (DRB) seeking an advisory opinion on a proposed Unified Development Ordinance (UDO) amendment that would allow the ZBA to hear certain hardship grievances from the DRB.
Board members raised procedural concerns about whether sister boards should adjudicate each other’s decisions and whether the ZBA possesses the appropriate standards and technical expertise to weigh design-review questions — for example, materials or aesthetic determinations. One board member asked for a concise legal summary of the precise changes the council would consider before the ZBA weighs in on a formal opinion.
City counsel told the board that final decisions about amendments rest with the city council and that the DRB had sought advisory input from the ZBA. Counsel added they could not provide attorney–client guidance to the board in this forum but encouraged the board to offer issues, concerns or support from its perspective.
Board members agreed to defer a firm position until the mayor's office or council circulates revised language and to provide input focused on the ZBA's areas of expertise (for example, where a balancing test or a site-specific hardship standard would alter how the board reaches conclusions).
