Variance/Appeal

 

Code Variance & Administrative Appeal Process

 

Step 1: Pre-application Staff Meeting

Although not required, it is recommended that the applicant meet with the Community Planning & Development Director to discuss the proposed request.  This step is intended to explain to the applicant the purpose and objectives of the regulations and, if applicable, the comprehensive plan, and to informally reach mutual conclusions regarding the general program and objectives of the proposed development or project.

Step 2:  File Application Materials

The applicant submits a completed application form, other necessary materials, and a $200 application fee.  Upon receipt of the necessary materials, the Zoning Coordinator will place the item on the agenda for the Zoning Board of Appeals.  The application deadline for getting on the Board of Appeals meeting agenda is the Thursday prior to the first Monday of the month. The Board of Appeals meets on the third Monday of the month, at 7:00 p.m. in the council chambers of City Hall. 

Step 3:  Staff Review

City staff, including representatives of various city departments and divisions as needed, will provide a technical review of the request and the submitted information to identify relevant issues.  If extensive changes are required or more information is needed to adequately review the application (e.g. additional plans or engineering studies), the application may be rescheduled to a later Board of Appeals meeting date to allow time for the necessary work to be completed.  If deficiencies are minor, the item will be scheduled for a Board meeting, subject to revised plans being submitted at a later date.

Step 4:  Public Notice

City Staff shall give written notice to owners of land within one-hundred (100) feet of the subject property at least ten (10) days prior to the Board meeting, along with providing a notice in the Platteville Journal. 

Step 5:  Board of Appeals Review and Action

The Board shall review the proposed request at the next available scheduled meeting.  The applicant should attend this meeting and be prepared to present the request and answer questions from the Board.  Public statements will be allowed at this meeting.   

The concurring vote of four (4) members of the Board shall be necessary to correct an error, grant a variance, or make an interpretation.  The Board will vote to approve, deny, or approve with conditions.    

Approvals granted by the Board shall expire within twelve (12) months unless a building permit had been approved (if required) and substantial work has commenced pursuant to such approval.  If the request is denied, no appellant may resubmit the same or similar appeal in person or by agent for the same property within six (6) months after the decision by the Board.  Any person or persons aggrieved by any decisions of the Zoning Board of Appeals may appeal such decision to the Circuit Court of Grant County.  All appeals must be filed with the court within thirty (30) days after receipt of a copy of the Board’s decision by the applicant or appellant.