Carefree Truth

Issue #234, April 10, 2013

 

 

 

Two text amendments were brought before the Council involving the Board of Adjustment (BoA) and the variance process, and the appeal process for the Development Review Board (DRB). 

 

 

 

Presently, variance requests are first heard by the Planning and Zoning Commission (P&Z), which makes a recommendation to the BoA.  The Council members act as the BoA, which also hears appeals to decisions made by the Zoning Administrator. 

 

 

 

Because Councils are elected and thereby political, most cities and towns have a separate BoA.  A political body might be influenced by the popularity, or lack thereof, of a particular decision and how it would effect votes.  If challenged in court, that perception can taint the outcome, and it increases the Town's liability.  Moving the quasi judicial decision process to an apolitical body has become standard practice.  Variance rules are dictated by state statutes and technical zoning issues in which the P&Z members are already well versed; they are not subjective in nature. 

 

 

 

It benefits the applicant by reducing the time they must wait to see if a variance is approved, since it takes it from the two step process of a recommendation then a decision, to a one step process leading directly to a decision.  With this amendment, as is currently the case, appeals to BoA decisions go to the Arizona Superior Court.

 

 

 

The P&Z also acts as the Development Review Board (DRB), which reviews development on mountainside slopes greater than 15%.  Appeals to DRB decisions were appealed to the BoA.  Since the P&Z will act as the BoA, DRB appeals will now go to the Council.

 

 

 

The Council unanimously approved the proposed amendments. 

https://www.youtube.com/watch?v=tm--XVJij54

 

 

Lyn Hitchon

 

 

 

Prepared by Carefree Truth

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