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Commission debates waiver and variance language that would let DRB modify dimensional requirements
Summary
Citizens and commissioners raised concerns about broad waiver language (section 7.3 and 8.2) that could allow the development review board to waive subdivision/dimensional requirements; the commission deferred substantive changes and asked staff to craft clearer language.
Several speakers urged the planning commission to limit or clarify waiver authority in the draft bylaws after public concerns that development review board (DRB) waivers could be used to relax dimensional or subdivision requirements without adequate justification.
One resident flagged section 7.3 (a broad waiver authority for subdivision review) and section 8.2 (waivers and variances) as problematic, saying the drafting could allow the DRB to waive lot-size and setback requirements without a clear standard. "I just don't think that the DRB should be able to waive subdivision requirements," a commenter said. Commissioner and public discussion then moved to distinguishing waivers (administrative/modest dimensional adjustments) from variances (a different legal standard with a multi-part test), and commissioners asked for a clear, consolidated definition of "dimensional requirement" so the draft can be applied consistently.
The commission did not adopt final language that night; instead staff and the consultant were asked to prepare consolidated, clearer language on waivers and variances and to present it at the Oct. 2 special meeting for a focused vote.
