Legislation Details

File #: 20-8815    Version: 1 Name: Resolution Amending the Rules of Procedure for the Board of Adjustment
Type: Resolution Status: Consent Agenda
File created: 11/22/2024 In control: City Council
On agenda: 12/3/2024 Final action:
Title: Resolution Amending the Rules of Procedure for the City of Wilmington Board of Adjustment
Attachments: 1. BOA Amended Rules - CLEAN - 2024, 2. BOA Amended Rules - Red Line - 2024
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Title

Resolution Amending the Rules of Procedure for the City of Wilmington Board of Adjustment

 

Body

LEGISLATIVE INTENT/PURPOSE:

 

WHEREAS, the City's Land Development Code (“LDC”) requires the City of Wilmington Board of Adjustment (“BOA”) to adopt rules of procedure for the conduct of its business, subject to approval by City Council; and,

 

WHEREAS, the current Amended and Restated Rules of Procedure for BOA were approved by City Council on November 5, 2008, and subsequently amended on March 1, 2011; and,

 

WHEREAS, the BOA, when hearing and deciding appeals from any order, requirement, decision, or determination made in the enforcement of the LDC, or when hearing a variance request, sits in a quasi-judicial capacity, and every quasi-judicial decision must be based upon competent, material, and substantial evidence in the case record; and,

 

WHEREAS, in order to address difficulties experienced by the BOA related to continuances resulting from not having a full complement of BOA members present at a meeting, City Council amended the LDC on September 17, 2024, to increase the number of alternate members of the BOA from two (2) to four (4) members; and,

 

WHEREAS, at the request of Council’s Appointments Committee, in order to further address the same issues, the BOA considered an amendment to its rules of procedure to require attendance for all members and alternates at every meeting; and,

 

WHEREAS, the attached updated BOA Rules of Procedure were unanimously approved by the BOA at their regular meeting on November 21, 2024.

 

THEREFORE, BE IT RESOLVED:

 

THAT, the Amended and Restated Rules of Procedure for the City of Wilmington Board of Adjustment are amended as shown in Exhibit "A" to this resolution, which is incorporated herein as if fully set forth.