Chapter 18.56
BOARD OF ADJUSTMENT AND PROCEDURE
Sections:
18.56.020 Appeal—Notice and records.
18.56.030 Presiding officer—Evidence.
18.56.010 Meetings—Duties.
A. The city council is the board of adjustment. Meetings of the board are held at the call of the mayor. The mayor may administer oaths and compel attendance of witnesses. Meetings and hearings of the board shall be open to the public. The city clerk shall keep minutes of the proceedings of the board of adjustment as a public record.
B. The board of adjustment shall hear and decide:
1. Appeals regarding alleged errors in administrative enforcement of land use ordinances and building codes;
2. Appeals from the decisions of the planning commission on request for variances. A variance shall not be granted if any of the following conditions are present:
a. Special conditions that require the variance are caused by the person seeking the variance,
b. The variance will permit a land use in an area in which it is prohibited, and
c. The variance is sought solely to relieve pecuniary hardship or inconvenience. (Ord. 92-21 § 4 (part), 1992.)
18.56.020 Appeal—Notice and records.
An interested party, including but not limited to a city official, may file with the board of adjustment an appeal specifying in writing his/her objections and his/her address. Copies are filed with the administrative officer involved in the decision or enforcement and with the city clerk within thirty days from the date of the decision or enforcement involved. The officer shall provide the board with all pertinent records, including a written decision. Such material shall become part of the reading of the appeal. (Ord. 92-21 § 4 (part), 1992.)
18.56.030 Presiding officer—Evidence.
The mayor shall act as the presiding officer of the board of adjustment, and shall exercise such control over the board’s proceedings as is reasonable and necessary. In addition to his other duties, he shall rule upon the admissibility of evidence before the board and may limit presentations before the board to a reasonable period of time. (Ord. 92-21 § 4 (part), 1992.)
18.56.040 Quorum.
A quorum of the board of adjustment shall consist of a majority of its voting members. Decisions by the board may be made and rendered by a majority of a quorum. Only those members of the board of adjustment who have been present throughout the hearing on an appeal may vote on that appeal. (Ord. 92-21 § 4 (part), 1992.)
18.56.050 Procedure.
A. The following procedure shall be followed at any hearing on an appeal before the board of adjustment:
1. The appeal number and the name of the party appealing shall be read into the record.
2. The mayor shall then determine if the appellant or his/her agent is present. If no such person is present, the board will proceed with the hearing in such person’s absence, unless the presiding officer rules that there were extenuating circumstances which prevented the appellant or his/her agent from appearing.
3. The presiding officer shall require the appellant to give his/her presentation first.
4. After the conclusion of the appellant’s presentation, the official involved shall then make a presentation. That official shall answer any questions by any member of the board concerning his/her comments or appellant’s comments.
5. The appellant shall then have the right to respond to the official’s presentation.
6. All comments made by the official or the appellant shall be directed to the mayor. All questions directed toward the appellant or official shall be only by a member of the board of adjustment.
7. All testimony before the board shall be under oath, to be administered by the city clerk.
B. An appellant may, in lieu of a personal appearance before the board of adjustment, present the appeal in writing supported by any affidavits appellant considers necessary. Such affidavits shall be filed by appellant at the time of filing the notice of appeal.
C. Appellant, other interested persons and any official may be represented by legal counsel at the board of adjustment.
D. The burden of proof is upon the appellant to prove his/her case by a preponderance of the evidence.
E. The formal rules of evidence applicable to an action at law do not apply to hearings before the board of adjustment. Evidence and testimony shall be relevant to the appeal.
F. The decision of the board of adjustment on an appeal shall be by an affirmative motion. (Ord. 92-21 § 4 (part), 1992.)
18.56.060 Judicial review.
Pursuant to AS 29.40.060, any municipal officer or person aggrieved by a final decision under this chapter, may appeal that decision to the superior court by filing with the city clerk written notice within thirty days of the action appealed. An appeal to the superior court under this section is an administrative appeal heard solely on the record established by the board of adjustment. The notice shall specify grounds for appeal. When the notice is filed, the board shall provide for the timely transmittal to the superior court clerk copies of all papers constituting the record in the case. (Ord. 92-21 § 4 (part), 1992.)