BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: April 10, 2024
Agenda Date: April 17, 2024
Prepared By: Stephen Noto, AICP - Planning Consultant
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of an Appeal of a Zoning Verification Letter related to 430 Cox Rd., in accordance with Appendix A., Article XVII, Section 1 -Postpone to next meeting
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BACKGROUND:
The applicant, Ms. Kimberly Rezanka, filed a Notice of Appeal of a Zoning Verification Letter (ZVL), provided by staff, dated November 22, 2023, for the Subject Property, 430 Cox Rd.
Appendix A, Article XVII, Section 1, provides that the Board of Adjustment has the authority to hear and decide appeals of administrative decisions. The Code describes the Board of Adjustment's role and the Administrative Appeal processes as follows:
"To hear and decide appeals where it is alleged there is error in any final administrative decision by an administrative official regarding the enforcement or interpretation of this ordinance and the sign ordinance, unless otherwise expressly provided for by the City Code."
Appeals of administrative decisions may be made by any applicant or party aggrieved by a decision of an administrative official in the interpretation any portion of the City's zoning regulations. In this case, the property owner is the appellant and party aggrieved by the decision regarding the allowed uses on property, though the zoning verification letter was issued to Cowan Systems, a prospective purchaser of the property.
The Board shall be required to review all administrative appeals and prepare written findings constituting its final decision on the administrative appeal based on the following criteria:
(1) Whether the applicant was properly afforded procedural due process;
(2) Whether the decision under review is supported by competent, substantial evidence; and
(3) Whether the decision under review complied with applicable law, including a proper interpr...
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