Action 14.
Regular Board of Supervisors Meeting
Development Services
- Meeting Date:
- 07/26/2022
- Title:
- Establishing the Board of Adjustment for Cochise County
- Submitted By:
- Dan Coxworth, Development Services
- Department:
- Development Services
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Dan Coxworth
TITLE
of PRESENTER:
of PRESENTER:
Director
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Adopt Resolution 22-19 establishing one Board of Adjustment for Cochise County with jurisdiction Countywide, replacing and repealing Resolution 74-28, which established three Boards of Adjustment, one for each Supervisorial district, and establishing By-Laws and Procedures for the Board of Adjustment.
Background:
The County currently has three Boards of Adjustment (BA), one for each district with three members. The most common function of the BA is to provide relief from the Cochise County Zoning Regulations site development standards such as setback requirements, height limitations, minimum parking requirements, etc. The Board of Adjustment may also hear an appeal of the County Zoning Inspector (Development Services Director) interpretation of the Zoning Regulations. An appeal of the Board of Adjustments decision is to Superior Court.
Per State Law (ARS 11-816), Boards of adjustment; powers; appeals
A. There shall be one or more boards of adjustment in each County. The board of supervisors may establish one board of adjustment that has jurisdiction countywide, and that is composed of one member who is a resident of each supervisorial district or one board of adjustment in each supervisorial district that has jurisdiction in that supervisorial district, and that is composed of not less than three nor more than five members, each of whom is a resident of that supervisorial district. The members of each board shall be appointed for staggered terms of four years each.
Per State Law (ARS 11-816), Boards of adjustment; powers; appeals
A. There shall be one or more boards of adjustment in each County. The board of supervisors may establish one board of adjustment that has jurisdiction countywide, and that is composed of one member who is a resident of each supervisorial district or one board of adjustment in each supervisorial district that has jurisdiction in that supervisorial district, and that is composed of not less than three nor more than five members, each of whom is a resident of that supervisorial district. The members of each board shall be appointed for staggered terms of four years each.
Department's Next Steps (if approved):
Appoint members to the new Board of Adjustment, one member who resides in each supervisorial district.
Impact of NOT Approving/Alternatives:
The three Boards of Adjustment will remain.
To BOS Staff: Document Disposition/Follow-Up:
Provide signed and recorded Resolution to Development Services (Dan Coxworth)