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May 9, 2022 BOA Agenda Packet
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May 9, 2022 BOA Agenda Packet
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5/9/2022
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5.9.22 BOA Minutes
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21 <br /> 13. Who may speak at a public hearing where a Variance or Appeal request <br /> is being reviewed? <br /> Applicants and those individuals supporting, or opposed to, the request are <br /> encouraged to attend. Only those with standing may speak or present <br /> evidence and are required to be `sworn in'. <br /> Individuals may represent themselves or be represented by an attorney and <br /> they may have expert witnesses testify for them. The cost for attorneys or <br /> expert witnesses is borne by the individual seeking counsel or expert <br /> testimony, not the County. The County will not pay for, or reimburse, <br /> expenses incurred by an individual in their quest to support or oppose a <br /> Variance application. <br /> While not required by State or County regulations, all parties with an interest <br /> in a Variance request are strongly advised to have an attorney represent <br /> them. Engineers, architects, real estate agents, planners and other non- <br /> attorneys may only appear as expert witnesses; they may not represent an <br /> applicant or those opposed to an application. <br /> 14. Can I discuss a Variance or Appeal request with staff or members of the <br /> Board of Adjustment? <br /> You can discuss the application/request with staff during normal business <br /> hours. <br /> Unfortunately, members of the Board of Adjustment are not able to discuss a <br /> case with you. This is commonly referred to as `ex-parte communication'. <br /> Persons affected by a decision have the legal right to hear all of the <br /> information presented to members of a board who will be rendering a decision <br /> on a variance/appeal application. <br /> Specifically they have a right to know all of the "facts" being considered. <br /> Therefore members of the decision-making body are not allowed to discuss <br /> the case or gather evidence outside of the hearing. Only facts presented to <br /> the full board at the hearing may be considered. <br /> Please note Board members are not trying to be rude or unsympathetic to <br /> your concerns. They are prohibited from engaging in the conversation in the <br /> first place as they are required to guarantee an impartial hearing where the <br /> `facts' are weighed as they are presented as to whether or not an application <br /> should be granted. <br /> 15. Is there a record of Variance and Appeal proceedings? <br /> Yes. Minutes from the Board of Adjustment public hearing where an <br /> application is reviewed/discussed/acted upon are maintained by the County. <br /> The Planning Department maintains the application components and become <br /> a part of the file on that case. <br />
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