I was curious to see how frequently, if ever, other planners ever testify at Board of Zoning Appeals hearings to refute facts stated by the applicants?
My situation is that I wish I had been at a meeting where applicants said that I told them that they were permitted to use one type of paving material, which I specifically told them they could not use for large residential construction project.
The Director from the Zoning department was sitting at the dais but did not make any remarks to the Board in my defense.
The Board went on to approve the improvements including the paving material they were not supposed to have used, this being an issue of lot coverage and maximum impervious surface. Unfortunately I did not have any written evidence (emails or memoranda) of my numerous discussions with the applicant to submit to the record. I was surprised and upset by the outcome and granting of this variance that clearly went against the building permit we issued. The applicants claimed that the carbon copy of the building permit they had in their possession was illegible and therefore they did not know they were supposed to have used environmental grid pavers, which still seems to be negligence on their part? We said that they had all of the copies of the application in their possession when they left our office, and could have asked us if anything was unclear. Has anyone been in a similar situation?