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Thread: Variances, variations and setting precedent

  1. #1
    Cyburbian boiker's avatar
    Registered
    Dec 2001
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    West Valley, AZ
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    Variances, variations and setting precedent

    Does your state enabling legislation indicate that the issuance of a variance sets precedence for future cases? Does your local code declare variances as being specific, case by case?

    If there is no declaration in either local or state code, do you believe a variance decision can set precedence? What can be done to help commissioners understand the consequences of issuing unjustified variances?
    Dude, I'm cheesing so hard right now.

  2. #2
    Super Moderator luckless pedestrian's avatar
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    Aug 2005
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    All the town attorneys I worked with in Maine and Massachusetts say there is no such thing as precedent as long as your decisions states clearly the conditions that exist that warrant the approval - make sure it's truly a lot by lot analysis; otherwise it is policy setting which is not what an Appeals Board is set up to do

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