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A procedure for considering special exception applications should also be set, Mr. Konick continued. Applicants should have to submit a plat, list the exceptions they’re seeking and the reasons why the exceptions are justified “so anyone can look at the application and see what they want and why they want it...People are entitled to know that so they can adequately prepare,” Mr. Konick said. In addition to publishing a public notice in the newspaper, notice of an application for a subdivision ordinance exception should be mailed to all adjoining landowners, the attorney said.
He pointed out that the Board of Zoning Appeals mails notices of applications for special use permits and variances to adjoining landowners. “That’s a rule the BZA adopted, and I think it’s a good one...It also protects you. People can’t come in and complain later that they didn’t know something was being done.”
Failure to include standards for granting a variance will lead to a “buddy system” of approval or at least to the public perception of that, Mr. Konick contended. “What’s being proposed is a step in the wrong direction...Someone will take advantage of that loophole you’re creating.”
There must be a mechanism for granting exceptions to the requirements of the subdivision ordinance, but the standards for approval should be carefully delineated, he
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