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Board affirms staff finding that application was incomplete; appeal denied
Summary
The Board of Adjustment unanimously affirmed staff's determination that the appeal application was incomplete and outside the Board's proper purview, with the city attorney saying the filing lacked facts to support a use variance and appeared to be a rezoning request in disguise.
John Nations, sworn, appealed a Planning & Development director determination seeking review by the Board of Adjustment. The city attorney, Stephanie Karr, told the board that the application was not denied but was deemed incomplete, that key information was missing and that the request to restore uses in the LI district belongs to the Board of Aldermen rather than the Board of Adjustment. Karr said, "the application was devoid of any facts to determine if it requires a use variance. She said it is a rezoning in disguise as a use variance."
Following discussion, board member Kristan McDaniels moved to affirm staff's decision; Vice-Chair Don Keeling seconded and the board voted unanimously to confirm the staff determination. Chair Ryan Marshall directed staff to prepare findings of fact and conclusions of law to document the action.
