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Commissioner urges clearer hardship guidance for variance applicants
Summary
Commissioner Pat Panza proposed distributing written guidance to applicants to clarify what constitutes a statutory hardship; the chair and other members agreed staff may provide informational material but emphasized the board retains the decision-making role.
During new business, Commissioner Pat Panza said some applications appeared "borderline" and asked the board to consider giving applicants literature explaining what constitutes a statutory hardship before they appear at a hearing.
"I think, what I would like to see, when they do come before us, that they actually meet the hardship," Panza said, arguing for clearer pre-application information. Chair David Crowe said he had no objection to providing applicants with explanatory materials but stressed it would be the board’s statutory duty, not staff’s, to determine whether a hardship exists.
Other members discussed the role of staff reports. Commissioner Wayne Garrett and others noted that staff sometimes prepare review comments or reports to help the board but that those reports should not replace the board’s formal finding about hardship. Zoning enforcement officer Steven Hoffman indicated staff input could be provided when requested.
The board agreed to review the draft guidance Commissioner Panza referenced and to consider incorporating a short informational packet into the application process, while preserving the board’s authority to make final hardship determinations.
