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Agenda - 09-08-2015 - C2
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Agenda - 09-08-2015 - C2
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8/31/2015 10:33:29 AM
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BOCC
Date
9/8/2015
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C.2
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Minutes 09-08-2015
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65 <br /> (1) A stay would cause imminent peril to life or property, or <br /> (2) The situation appealed from is transitory in nature and, therefore a appeal <br /> would seriously interfere with enforcement of the Ordinance. <br /> (C) In either instance, the Planning Director shall place in the determin n facts to support <br /> conclusion if(B)(1) and/or(B)(2) are invoked. <br /> (D) If(B) and/or (B)(2) are invoked, and approved by the Boar of Adjustment, <br /> enforce nt proceedings shall not be stayed except thro the issuance of a restraining <br /> order issue by a court of competent jurisdiction. If en f cement proceedings are not <br /> stayed, the a ellant may file a request for an expe i d hearing of the appeal. <br /> 2.11.4 Review Procedures <br /> (A) Applications for an appe of an interpreta i n shall be reviewed and acted upon by the <br /> Board of Adjustment in acc dance wit e procedures contained in Section 2.12 of this <br /> Ordinance. <br /> (B) The conduct of the hearing shall onsistent with the provisions of Section 2.12 of this <br /> Ordinance. <br /> (C) The Planning Director sh complete an a essment of the application and provide a <br /> recommendation on th disposition of the ap nation. The assessment shall include all <br /> relevant facts utilize in rendering the disputed cision and the rationale for the <br /> interpretation ma by the Planning Director. <br /> (D) The assess nt shall be introduced at the hearing an ecome part of the record. <br /> (E) Upon he ing all evidence associated with the application, t Board of Adjustment shall <br /> close a hearing and render a decision on the matter to affirm, odify, or reverse the <br /> de . ion of the Planning Director. <br /> 2.11.5 Find i s of Fact <br /> /necessary Board of Adjustment shall provide a detailed rationale for its decision in the form fan order <br /> ffirm, modify, or reverse the decision of the Planning Director. This order shall prove the <br /> justification for the Board's action based on the testimony and evidence entere to record during the hearing. <br /> 2.11.6 Notice Requirements <br /> Notice requirements shall follow Section 2.12.6(A). Other subsections of Section �?C 2.12.6 41 <br /> are not applicable to applications for an appeal of an interpretation. <br /> SECTION BOARD OF ADJUSTMENT <br /> 2.12. neral Provisions <br /> (A) T rd shall act on all applications before it. <br /> (B) The Board sha on any appeal of a Stop Work Order d by the Planning Director <br /> at its next regularly sc d meeting or at a sp meeting called for that purpose. <br /> 2.12.2 Quasi-Judicial Proceedings <br /> (A) The Board of Adjust acts in aquasi-judicial caps However, it is not intended <br /> that its proce s be conducted as formally as those befor s. <br /> (B) T es of procedure and evidence set forth in this Ordinance shall be ed to <br /> protect the interests of all parties and the public. <br /> 41 Typographical error that staff recommends correcting as part of this amendment package. <br />
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