Minutes of the Centerville City Board of Adjustment training meeting held Thursday, August 26, 2004 at 5:30 p.m. in the Centerville City Council Chambers, 250 North Main, Centerville Utah.
MEMBERS PRESENT:
John Eriksson, Chairman
Brett Shingleton
Scott Isaacson
Ann Hewlett
Susan Brown
MEMBERS ABSENT: Peter Lassig II
STAFF PRESENT: Cory Snyder, Community Development Director
Lisa Romney, Deputy City Attorney
Adam Bowler, Assistant Planner
Karrie Carlson, Recording Secretary
VISITORS: Nicole Cottle, Attorney for West Valley City
BOARD OF ADJUSTMENT GENERAL RESPONSIBILITIES
Nicole Cottle, Attorney for West Valley City, reviewed with the Board of Adjustment the duties and responsibilities they have as Board of Adjustment members. She explained how the Board of Adjustment fits into the makeup of the City government as a "court of last resort". Ms. Cottle stated that the Board must not partake in any exparte communications with interested parties or the public regarding any appeal, pending appeal or variance request.
CONDITIONAL USE APPEALS
Ms. Cottle responded to questions from the Board regarding possible actions when voting on a conditional use appeal (i.e., affirm decision in whole or in part or remand). The Board was advised of issues involving new evidence or arguments raised on appeal. Again Ms. Cottle stressed the need to create a detailed record of the meeting to support the ultimate decision of the Board of Adjustment.
VARIANCES
Ms. Cottle explained that a variance is a waiver or modification of a zoning requirement. In order for the Board of Adjustment to grant a variance, they must find:
1. Unreasonable hardship
2. Special circumstances
3. Essential to the enjoyment of a substantial property right
4. No substantial effect on the general plan nor be contrary to the public interest.
5. Spirit of zoning ordinance is preserved and substantial justice done.
Ms. Cottle reviewed each of the five items in detail with the Board and presented a scenario situation for discussion purposes. The Board of Adjustment must review these five questions before they can make a decision regarding a variance. All five of the questions must be sufficiently proved and stated on the record for the Board of Adjustment to grant the variance.
CLOSING REMARKS
Ms. Cottle stressed the importance of creating a strong record to support the Board of Adjustment decisions should the petitioner decide to appeal. This type of record is needed to prove to the judge hearing the appeal that you (the Board of Adjustment) properly reviewed the case and made the proper decision. The Board of Adjustment members will not have the opportunity to explain their reasons for the decision in person, so the record created at the meeting will be the only way the judge can determine if the decision made by the Board of Adjustment should be upheld.
At 7:30 p.m. the meeting was adjourned.
Marilyn Holje, City Recorder Date Approved
Karrie Carlson, Recording Secretary
