Legislation Details

File #: 24-1003   
Type: Presentation Status: Agenda Ready
File created: 1/26/2024 In control: Mayor and Council
On agenda: 2/12/2024 Final action:
Title: Presentation of Board of Appeals Annual Report
Attachments: 1. Board of Appeals Annual Report 2023 Draft
Date Action ByActionResultAction DetailsAgenda e-PacketVideo
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Subject

title

Presentation of Board of Appeals Annual Report

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Department

CPDS - Zoning Review & Other

Recommendation

Staff recommends that Mayor and Council receive the presentation of the Annual Report, and engage with Chair Frankle and Board members, as desired.

Discussion

The Board of Appeals is Annual Report covers Calendar Year 2023.

 

As a quasi-judicial board tasked with acting on variances, special exceptions and appeals of certain staff decisions, the Board conducts regular public hearings that allow for the staff, applicants, and any member of the public to testify. The Board is therefore deliberate in its meeting procedures, and in most cases, renders a decision the evening of the hearing. The Board also allows for reconsideration of its decisions for good cause or if some irregularity has been noted in its proceedings. This allows applicants or members of the public the opportunity to request such reconsideration when there is merit, in their view. 

 

Accordingly, the Board acted upon 10 variances and 3 special exceptions during this Calendar Year 2023. All applications were approved except for one variance, which was denied by the Board. These applications included modifications to approved variances as well as a modification to an approved special exception.

 

The Board has continued to conduct hybrid meetings, which allows for maximum flexibility to those wishing to participate in the meetings and for applicants to receive decisions on their applications in a timely manner. 

 

Looking to the future, the Board expects to continue its practice of conducting public hearings that are open to anyone who wishes to provide testimony, and of considering all application requests objectively, fairly, and based on the information, evidence, and testimony that is presented or available. The Board will ensure that all decisions are based on findings that the Board is charged to make as specified in the Zoning Ordinance. 

Mayor and Council History

Mayor and Council have been presented an Annual Report by the Board periodically.

Boards and Commissions Review

The Board of Appeals members, which include Chair Alan Frankle, Roy Deitchman, and Jimmy Hauer, have reviewed the Annual Report and provided comments that have been incorporated into the document.