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The procedures in this Section 3.10.1, apply to both Board of Adjustment hearing on appeals and requests for variances. Appeals and applications for variances are filed with the PDSD.
B. of Planning and Development Services Department (PDSD) Recommendation
The PDSD prepares a recommendation and forwards it, together with any additional materials provided by the applicant or any other to the applicant and the B/A not less than five prior to the scheduled public hearing. The recommendation shall be in the form of a written report that includes the request and present plans, policies, standards, and other information relating to the request. The recommendation shall include a recommended action by the B/A or a statement that the PDSD has no objection to the request. The PDSD shall also solicit a recommendation from the Design Review Board or the Stormwater Technical Advisory Committee (STAC) if a recommendation from either of these bodies is required by Section 3.10.2.A or Section 3.10.3.G.2.
Notice of public hearings is required in accordance with Section 3.2.4.
D. Limitation on Contact with the Board of Adjustment
Except for a duly noticed inspection, study, and public hearing, no shall contact or discuss the merits of any case with the members of the B/A between the filing of the appeal or variance and the final determination by the B/A.
E. Board of Adjustment Public Hearing
The B/A may hold a study session and shall hold a public hearing on an application in accordance with the rules and standards of the Board of Adjustment and the requirements listed below.
1. Except as permitted in the public hearing and the procedures for submission of written materials, no shall communicate with a member of the B/A regarding a matter to be decided by the Board any time prior to the expiration of the time for reconsideration of a decision.
2. The chair of the B/A or presiding may administer oaths and may compel the attendance of witnesses and the production of relevant information, including witnesses requested by any .
3. The chair or presiding may impose any reasonable limitations on the number of speakers heard and may establish the nature and length of testimony by speakers.
4. Comments may be given by any , either verbally or in writing.
5. Following the close of the hearing and prior to making a decision or recommendation, the B/A may discuss the matter and further question staff or any submitting comment.
6. A record of the hearing must be made and retained as a public record.
Following the public hearing, the decision by the B/A is announced and is final at the time the decision is made.
The B/A may consider one request for reconsideration by the applicant or a , if:
1. A written request is filed with the Zoning Administrator within 14 calendar after the Board has rendered its decision; and,
2. A request for reconsideration may be made only where there is an error in fact or law in the decision or where a has new evidence or material that was not available at the time of the public hearing. The request shall be scheduled for the next regular meeting of the Board of Adjustment.
H. Issuance of Permits and Approvals
No permits or approvals based on the decision shall be issued, no inspections shall be performed, nor other formal action shall be taken while the case is pending before the B/A or before the expiration of the period for reconsideration if no request is filed. If a request for reconsideration is filed, no permits or approvals based on the decision shall be issued, or other formal action taken until completion of action on the request for reconsideration is announced by the Board of Adjustment.