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Staff reviews variance standards and due‑process requirements for quasi‑judicial hearings
Summary
City staff/legal counsel briefed the board on variance criteria, emphasizing that variances are rare, must meet high hardship standards, require competent substantial evidence, and that ex parte communications must be disclosed.
City staff/legal counsel delivered an instructional presentation on variance law and quasi‑judicial procedure, reviewing required findings for a variance, limits on allowable relief, the meaning of "competent substantial evidence," and the need to disclose ex parte communications.
The presenter said "variance is supposed to be rare" and cautioned that variances "are not supposed to be given out like candy," explaining that the hardship must be unique to the property and not self‑created. The presentation included examples from case law and a recent local example involving parking requirements for a boat ramp where a court found the requested relief to be a self‑created hardship.
The presenter reminded board members that a variance cannot change uses or density and that procedural due process and evidentiary standards must be followed in quasi‑judicial proceedings. Staff offered to circulate the presentation slides to board members after the meeting.
