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20 <br /> applicant is a "party" to the proceeding. To qualify to become a party, a <br /> person must be directly affected by the decision in a way different from the <br /> public at large. <br /> A definition of standing has been written into State law and includes: <br /> a. The owner of the property, someone with an option to purchase the <br /> property, and the applicant for a development approval; <br /> b. Any other person who will suffer "special damages" as a result of the <br /> decision being appealed. <br /> STAFF COMMENT: A number of court cases have addressed <br /> what is necessary to establish "special damages." Receipt of <br /> notice does not indicate status in regards to standing. While <br /> physical proximity in and of itself is not sufficient, that is an <br /> important factor. An allegation that the action would diminish <br /> the property value of the person is not necessary, but it is the <br /> "damage" that is most frequently alleged and generally <br /> evidenced by the testimony of a professional appraiser. <br /> c. An association of neighborhood property owners that would be <br /> affected, provided that at least one of the association members would <br /> have standing as an individual and that the association was not formed <br /> in response to the particular application being appealed; and <br /> d. The unit of local government that has made the decision being <br /> appealed. <br /> 11. How are appeal requests handled? <br /> An appeal is processed in the following manner: <br /> a. An appeal application is submitted by an aggrieved party with standing; <br /> b. Staff prepares a record of the matter subject to appeal including all <br /> relevant facts utilized in rendering the disputed decision and the <br /> rationale for any and all determinations made; <br /> c. A public hearing is scheduled to allow for the review of the appeal <br /> application; <br /> d. The Board of Adjustment accepts evidence into the record and hears <br /> testimony from all parties; and <br /> e. Upon hearing all evidence associated with the application, the Board <br /> renders a decision to affirm, modify or revise staffs decision. <br /> 12. Wont staff be mad and retaliate against me if I appeal a decision? <br /> No. All staff decisions/determinations are subject to appeal. It is a right <br /> guaranteed under applicable local and State regulations. <br />