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ZBA training: ADA and 'personal' hardships are handled case-by-case, counsel says
Summary
Board members asked whether ADA needs or temporary hardships can be addressed administratively; counsel said federal law considerations must be included in staff memos and will be handled case-by-case, not by blanket administrative carve-outs.
During the assistant city attorney—s training, ZBA members raised whether the board or city administration could create an administrative pathway to avoid forcing residents with disabilities to come before the board.
Assistant City Attorney responded that federal ADA obligations can affect how a request is considered and that staff memos will include any relevant federal-law considerations. He said some situations that appear personal may nonetheless intersect with federal law and thus require tailored review. "If it's permanent and it implicates federal law, we'll make sure the board is well advised," he said.
Board members discussed that some administrative discretion may be possible in limited, nonprecedential cases but recommended a case-by-case approach rather than a standing exemption. The attorney emphasized that flagging ADA or federal-law issues in staff reports helps the board know what discretion, if any, exists.
