5.8.24 BOA Agenda Packet - Laserfiche WebLink

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13 1 Nathan Robinson: I think he's saying that I think I heard you say, Leon, that if Matt were to have a legal opinion, to support his 2 position,then that would be something we could consider. Is that what you said? Like a legal thing. 3 4 Leon Meyers: The board is operating on the legal opinion of the County Attorney staff. And you're interpreting the statute and, 5 and I don't question your legal background or anything,but I think we have to go with the County Attorney's understanding of how the 6 statute applies to the Board of Adjustment. 7 8 Matt McDermott:By way of example,if,if the leeway were forwarded to say yes,the statute says we can hear and consider testimony 9 from other witnesses as you so choose and as a part of that testimony, I'm going to go back to a similar theme, right? The underlying 10 obligation of county, the state, promote public health, safety, and the well-being. If I were to come forward with testimony that said 11 this is a problem because it violates one or two, one or more of the following three conditions. That wouldn't be considered? 12 13 Leon Meyers: If you were, had established standing in the case then it would be evidence that the board would absolutely 14 consider. 15 16 Beth Bronson: Think we're running circles here though. 17 18 Leon Meyers: We are. 19 20 Beth Bronson: And it's what, and, and to that point, I think that what we discussed earlier about the application process and the 21 public hearing process and making sure that one, that the public is aware of the requirements of standing in the sense that it, any 22 public hearing, it will need to be brought forth that anybody who has a rebuttal or who would like to cross-examine or who would like 23 to, besides the applicant, make a statement of standing. Because the applicant has standing,and they are invested in this property. 24 They have invested or they invested in this application,they have invested in whatever use variance, however they would like,so it is 25 their presentation that we are hearing,and it is public that is,that is hearing it as well and this quasi-judicial board. This board has to 26 adhere to what the rules and procedure for hearing the applicant are, however,that is not to say that we shouldn't consider those in 27 the public. 28 29 Matt McDermott: Which is what I'm saying. 30 31 Beth Bronson: 100 percent. And if you remember,we did have to make a motion on standing. And I think that's where it goes 32 from a circle to,we could kind of go forward and say they need to. 33 34 Leon Meyers: We could hear everybody who shows up. It's just that what they have to say, we can't consider in deciding the 35 case. 36 37 Patrick Mallett: I think it's an obviously distinction that may not be apparent.So,you have legal standing and that's a consideration. 38 That's to be established. And that's what this is. If you can prove that for the benefit of all,applicant's health,whatever,that standing 39 is, is run through and processed with the applicant as well and,and their proof that they have standing in the case. That's fairly easy. 40 But you also have competent material,substantial testimony, and evidence. Standing is a way for to have certain cross examination 41 rights. 42 43 Beth Bronson: I do think that it's objective to a point. 44 45 Matt McDermott: Correct. I understand the difference. Standing affords you a whole number of other benefits.As a noninterest,but 46 a member of the public. 47 48 Beth Bronson: I think in a legal interest of party though. As far as a legal interest, maybe not. But there are other things that 49 might qualify you for standing. 50 51 Leon Meyers: We have one more item on the agenda here and that the standing form. I don't know whether you've had a chance 52 to look at that. 53