Nederland panel recommends shifting zoning-variance cases to Planning Commission
The change would make the commission the town’s Board of Zoning Adjustment and put variance cases on its regular agenda; trustees are scheduled to consider it Nov. 17.
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Nederland’s Planning Commission recommended an ordinance Oct. 21 that would make it the town’s Board of Zoning Adjustment, moving zoning-variance cases to the commission’s regular meetings. The Board of Trustees is scheduled to consider the proposal Nov. 17; it has not been approved, the meeting recording shows.
Town staff said the proposal addresses difficulty keeping the separate Board of Zoning Adjustment staffed with volunteers. That board handles variance applications, including requests for relief from zoning setbacks.
Town Attorney Jennifer Madsen said variance cases could be heard on a Planning Commission agenda using the same hearing process, including opening and closing the hearing. She described quasi-judicial hearings as relying on evidence in the hearing record and giving participants an opportunity to be heard.
The proposed ordinance would amend Article 9 of Chapter 16 of the town code to have the Planning Commission serve as the Board of Zoning Adjustment. If trustees approve the change, the commission would take on the board’s responsibilities, staff said.