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Board discusses enforcement trends, permit mistakes and closed‑session briefing for pending appeals
Summary
Staff told the Board of Appeals that increased enforcement follows comparisons of 2020 and 2025 aerial imagery; members discussed how applicants are treated during deliberation, limits for closed sessions, and corporation counsel’s request for a closed‑session update on pending appeals (Smolen and Johnson).
Staff reported the county has stepped up enforcement after comparing aerial photography from 2020 and 2025 and that the department is finding many new shoreline and setback violations. "As of the last year, the step up of enforcement has been directly influenced by aerial comparisons," staff said.
Board members raised questions about contractors and landscapers not advising property owners about permit requirements and suggested the county consider education or public guidance. Members also discussed meeting procedure: whether deliberations should occur with applicants present or whether chairs should limit cross‑talk during the board’s discussion; staff said closed session is limited to specific circumstances (e.g., pending litigation or employee matters) and corporation counsel requested a closed‑session update on two pending circuit‑court appeals (Smolen and Johnson) at the next meeting.
Staff told the board it will add a closed‑session agenda item after the variance cases next month to allow legal counsel to brief the board on pending litigation. The board agreed to continue handling deliberations in public but acknowledged procedural refinements might reduce perceived sloppiness and improve clarity for applicants.
