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Access Management Manual - Chapter 6 - Variances and Appeals
Access Management Manual
Effective: April 30, 2006
Chapter Six
VARIANCES AND APPEALS
601 - PURPOSE
601.1 Variance A variance grants permission to depart from the standards and requirements of this Manual due to unique conditions or circumstances when a literal enforcement of this Manual would result in unnecessary hardship and when such a variance is not contrary to the public interest.
601.2 Appeal An appeal may be made by an applicant when it is alleged that there is an error in any order, requirement, decision, or determination made by the County Engineer in the enforcement of this Manual.
602 - APPLICATION FOR VARIANCE OR APPEAL
602.1 Form and Time of Application, Fees An application for a variance or appeal shall be made on Form 125-5 VAR or Form 125-APPEAL, respectively. An application for variance shall be filed as an attachment to the access permit application. An application for an appeal shall be filed with the County Engineer within 30 calendar days of the date of action taken by the County Engineer in accordance with Section 205. The County Engineer shall, within 5 business days of receipt of an application for appeal or variance, forward such application to the Board of Appeals. A fee shall be paid by the applicant to defray the costs of administering variances and appeals. The fee shall be made payable as per Section 213.3.
602.2 Variance Application An application for variance shall specify, in writing, why the variance is appropriate and necessary and shall document the unique conditions or special circumstances that make it impractical or unfeasible to meet the requirements of this Manual. The applicant shall provide documentation showing that he or she has considered all practical and reasonable alternatives to mitigate the unique conditions or special circumstances, that the alternatives are not feasible or practical, and that without the variance the applicant will be deprived of reasonable access. Variances shall not be granted for procedural requirements, or for the applicant acting without the knowledge of the applicable standards and requirements of this Manual.
602.3 Appeal Application An application for appeal shall specify, in writing, the error alleged to have been made in the administration and enforcement of the requirements of this Manual. The applicant shall provide documentation supporting the allegation.
603 - FINAL ACTION
603.1 Final action on access permit applications with variance applications shall be as specified in Section 204.3.3
603.2 The terms and conditions of the approved permit and variance shall state that the permittee may be required to improve, modify, eliminate, or correct the condition responsible for the variance when it is evident that the justification for the variance is no longer valid.
603.3 If a variance is approved for direct access to a County or Township roadway when the access proposal cannot meet the standards of this Manual, or when the property would otherwise be without reasonable access, the permit may stipulate terms and conditions for the expiration of the permit when the necessity for the variance no longer exists.
603.4 If an application for variance is denied, the applicant may submit an access permit application reflecting the decision of the Board of Appeals.
604 - APPEALS OF DECISIONS
604.1 Appeals of decisions made by the Board of Appeals shall be made in accordance with Ohio Revised Code §2506.
605 - BOARD OF APPEALS
605.1 Designation Upon the adoption of this Manual, the County Commissioners shall designate a Board of Appeals to hear appeals and grant variances to the requirements and standards of this Manual.
605.2 - Appointment, Terms of Members, Qualifications
605.2.1 Number and Appointment The Board shall consist of three regular members (members) and one alternate member (alternate), each to be appointed by the County Commissioners.
605.2.2 Terms The term of the first member appointed to the Board appointed shall be one year; the term of the second member, two years; the term of the third member, three years; the term of the alternate, three years; each term shall commence on the effective date of this Manual. Thereafter, the term of each member and alternate shall be three years, commencing on the respective anniversary of the effective date of this Manual.
605.2.3 Vacancies and Expiration of Terms, Absence In instances where a member of the Board of Appeals is unable to fulfill his or her term and a vacancy so exists, the County Commissioners shall appoint a new member to the Board of Appeals who shall then serve the remainder of the vacant term. When the term of a member of the Board has expired, the Commissioners shall appoint a member to serve for the new term. The appointed member may be the same member whose term had expired. Where a vacancy exists and no new member has yet been appointed, or when a member of the Board is absent from a regular or special meeting, the alternate shall fill such vacancy or absence until a new member is appointed or the absent member is able to resume his/her role. The alternate shall act with the full powers granted the Board and carry out all duties of the regular member.
605.2.4 Removal The County Commissioners may remove any member of the Board based when given just cause for such removal.
605.2.5 Quorum A quorum of the Board shall consist of two members, or one member and one alternate.
605.2.6 Qualifications Each member of the Board shall be a resident of the unincorporated area of the County, legally qualified to hold an elected office or position in the County or several Townships. At least one member of the Board should be a professional engineer.
605.3 - Powers and Duties of the Board of Appeals
605.3.1 Variances The Board shall have the power to grant variances for any access connection where, due to unique or special conditions, a literal interpretation of the requirements and standards of this Manual would result in unnecessary hardship, provided that such variance is not detrimental to the public interest and the spirit of this Manual is upheld.
605.3.2 Appeals The Board shall have the power to hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by the County Engineer in the enforcement of this Manual.
605.3.3 Chairperson The Board shall designate, on an annual basis, one member to serve as chairperson to preside over meetings of the Board, and one member to serve as vicechairperson, who shall assume the powers and duties of the chairperson in the chairperson’s absence.
605.3.4 Secretary The Board shall designate, on an annual basis, a secretary to keep attendance records and minutes of all meetings of the Board.
605.3.5 - Hearings
605.3.5.1 The Board shall hold regular hearings to allow applicants for variances or appeals to present their cases. The Board shall make a verbatim record of each hearing.
605.3.5.2 Within 5 business days of receipt of an application for an appeal or variance forwarded by the County Engineer, the Board shall schedule a hearing to consider such application. Such hearing shall be held within 30 calendar days of receipt of the application.
605.3.5.3 All hearings of the Board shall be open to the public and in conformance with Ohio Revised Code §121.22. At its first meeting, the Board shall adopt the following rule: The time and place of regular meetings and the time, place, and purpose of all special meetings shall be posted 72 hours in advance at the Erie County Services Center, 2900 Columbus Avenue, Sandusky, Ohio, and in the respective Township offices where such access or proposed access is located, unless an emergency arises. In an emergency case, all news media requesting notification shall be notified by telephone of the time, place, and purpose of the meeting. Any person may, upon request and payment of a reasonable fee, obtain advance notification of all meetings at which any specific type of public business will be discussed by contacting the secretary of the Committee.
605.3.5.4 Notification The Board shall notify the applicant, the County Engineer, and any other party involved in the appeal or variance by certified mail at least 10 calendar days prior to the scheduled hearing date.
605.3.6 Testimony All testimony made at a hearing held by the Board shall be made under oath. Both the applicant and the County Engineer shall have the right to present witnesses and evidence, and both shall have the right to cross-examine witnesses.
605.3.7 Decisions The Board of Appeals shall render its decision concerning any application for appeal or variance in writing within 30 calendar days of the hearing of the appeal or variance. Decisions of the Board shall be binding on both the applicant and the County Engineer.
605.3.8 Documentation of Decision When a variance is granted or denied by the Board of Appeals, written documentation of the reason(s) for the approval of disapproval of the variance shall be conveyed to both the applicant and the County Engineer for inclusion in the County Engineer’s files and records pertaining to the access permit.
605.3.9 Considerations In considering an application for a variance, the Board of Appeals shall determine
- if reasonable access is practical and feasible without the variance;
- if the variance would endanger public safety, diminish traffic capacity, or degrade roadway efficiency, or otherwise hinder the proper operation of the roadway;
- if the hardship was self-created by the applicant;
- if all other feasible and practical access options have been considered and investigated;
- if the variance is consistent with the purpose of this Manual as stated in Section 104, and the policy of Erie County stated in Section 103.
The Board shall not grant variances for procedural requirements, or for the applicant acting without the knowledge of the applicable standards and requirements of this Manual.