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Board of Adjustment and Appeals - Regular Session
City Code and State Statute Regarding Variances and Attorney's Opening Comments
City Code and State Statute Regarding Variances
Attorney's Opening Comments:
One of the Board's functions under City policy is to consider and make recommendations to the City Council on objections from property owners on miscellaneous assessments. In these cases, the Board shall make a recommendation to the City Council that the Council affirm, deny, or modify the assessment. In making this recommendation the Board shall consider such factors as whether proper notice was provided, whether proper procedure was followed, and/or whether the new property owner had knowledge or should have had knowledge of the pending assessment. A majority vote of the Board members present is required to support a recommendation to Council. The City Council will consider the property owner’s objections with the Board’s recommendation at a future council meeting. The property owner has been or will be given notice of that date.
The hearing, while conducted during the Board's regular meeting, is not a public hearing that requires an opportunity for public comment. The Board may conduct the hearing as it sees fit. Staff suggests that City staff present its position first with the appellant following. The Board would be able to ask questions of either party as it sees fit. Staff requests that the Board execute a recommendation to Council for each objection.
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