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Board refers two appeals to counsel to resolve whether director can refuse repeat petitions
Summary
Two appellants challenged the director’s decision to refuse repeat petitions; the board voted to ask county counsel to review whether the director or the board must decide if a ‘significant change’ occurred that justifies re‑filing.
Two parties asked the Kosciusko County Board of Zoning Appeals to reverse Director Matt Sandy’s decision that there was not a significant change in circumstances to justify rehearing denied petitions. Attorney Steve Snyder argued the board — not the director — must determine whether a change is sufficient for a new hearing and cited case law in support.
Board members agreed the legal question required counsel review and voted to send both the Arbogast and Roberts matters to county counsel for written guidance. The board suspended further action pending counsel’s opinion and warned petitioners not to undertake construction tied to the petitions while the question is unresolved.
Why it matters: The referral addresses board procedure and the proper division of filing authority between staff and the board. Counsel’s opinion could change how repeat petitions are handled and whether the director can screen filings for “significant change.”
