BOA corrector

Something Bill LaFortune deserves, but hasn't received, credit for, is reshaping the city's Board of Adjustment (BOA). The BOA is a quasi-judicial body that is authorized to grant variances from the regulations of the zoning code. The BOA also considers requests for special exceptions, where the zoning code allows a certain use in a certain set of circumstances, but the BOA must weigh neighborhood compatibility before granting the exception.

A variance is only supposed to be granted if a hardship exists -- something about the arrangement land and buildings that would result in an absurd situation if the zoning laws were strictly applied. A hardship can't be self-imposed and can't be economic in nature. By state law, the BOA can't grant "use variances" -- for example, they can't authorize the use of a house for a restaurant in a residentially-zoned area.

Until recently, variances were routinely granted in cases that lacked a legitimate hardship. I remember a case where an outbuilding was approved when it greatly exceeded the zoning code's limits on accessory building size. The BOA found the hardship to be that the lot was large.

Mayor LaFortune's three appointments to the BOA -- Clayda Stead, Frazier Henke, and Michael Tidwell -- have taken a strict approach to granting variances. They understand that, while they may think something should be permitted that isn't, it isn't their place to legislate from the bench.

Council pressure played an important role in the new appointments. Some councilors made it clear that they wouldn't support the reappointment of certain BOA members. In this case, at least, LaFortune respected the Council's wishes and sent down new names.

One final note: I have a great deal of respect for David White, one of the BOA members who was replaced by LaFortune. Although I didn't agree with his approach to the variance issue, I appreciated his fairness, integrity, and availability to answer questions. Dave regularly attended meetings of the Midtown Coalition of Neighborhood Associations, often right after the conclusion of marathon BOA hearings, and was willing to explain his rationale on controversial decisions and to help us understand factors, such as court decisions and federal law, which the BOA has to weigh alongside the text of the zoning code.