HomeMy WebLinkAbout11122019 City Council Laydown - Griswold Letter /q1i / 2
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November 12, 2019
Dear City Council,
This evening at 5 pm, I attended the Board of Adjustment Hearing regarding the Appeal of P&Z
Resolution 2019-013, the Rezone of Second Avenue from Residential 1 and 2 to Office
Residential.
The 64-page Record of Appeal was produced on November 7 and made available to the public.
After the meeting began, the audience was provided with a Proposed Meeting Agenda. The
agenda noted it was provided as a courtesy only, and the Board could change it as they wished.
At this point, the public learned of the two opportunities to comment and topics: the first to
rebut the Preliminary Objections or Concerns, the second to comment on the presentation of
the main appeal points.
The city attorney advised that this appeal was outside the normal Title 15 Appeals procedure,
and that it would be a hybrid hearing, not strictly quasi-judicial but with a legislative
component. Council needed to rule on if the Planning and Zoning Commission ruling was
arbitrary.
How could a member of the public prepare for this meeting without any guidelines or agenda?
We were given nothing ahead of time, and only had Title 15 for guidance, which was thrown
out.
Why and where in the code is there any guidance on a hybrid hearing? How would the public or
Council know that Council was to rule on whether or not the P&Z Commission ruling was
rational and not arbitrary?
I learned that it was not the Clerk's error, but a Community Development error that the notice
of determination was not mailed to the applicant by certified mail within the 10-day window of
appeal. I apologize to the Clerk for that error. Nonetheless, I feel our code does not allow for an
arbitrary extension of the 10-day window of appeal of a P&Z decision, and this sets a dangerous
precedent for late appeals unsubstantiated with findings.
I also learned that any decision re: zoning changes by P&Z, whether approved or failed, MUST
go to Council for their approval or failure. This was not done.
I learned that no notice was required to be posted on site to advertise the Appeal hearing.
Nonetheless, 8x11 notices provided by the city were nailed to trees in the affected zone. I
thought they were Lost Dog notices. P&Z notices are 18x24" with the city logo prominently
displayed. The code should be amended to require similar prominent public posting for appeal
hearings of zoning changes.
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I learned that the Title 15 code needs to be amended to reflect the legislative nature of the
rezone process to comply with legislative procedures; that the Code did not anticipate a rezone
appeal as legislative. It was very confusing.
I learned that the underlying driving force for this rezone is to permit nightly lodging which will
remove the possibility of housing for residents for 12 homes. As in other zones, year-round
housing will flip to vacation rentals before the ink is dry. It's happening all around the world and
residents are being kicked out. When do we draw the line to protect our residential
neighborhoods?
The Council ruled the P&Z's failure to approve the rezone was irrational and arbitrary based on
one Commissioner's comments, ignoring rational and reasonable comments by other
Commissioners and the public.
And now the rezone goes back to P&Z for reconsideration, and that decision whether failed or
passed, goes to Council for approval or failure. Round and round!
I learned that there is no appeal of the Board of Adjustment's Hybrid Hearing Appeal decision,
not even to the Council or Superior Court. There should always be an option for appeal of any
decision as stated in Title 15. How could this denial of appeal be true?
Sfi�tssful)
This was a most convoluted, confusing, time-consuming, expensive,}and unsatisfactory process.
I urge Council to address the inconsistencies and deficiencies in the P&Z rezoning procedures,
the P&Z Rezoning Appeal process, and the Board of Adjustment Appeal process as soon as
possible. Council and the public should not have to endure this again.
Thank you for your consideration,
Carol Griswold
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