Both the District Attorney’s Office and the Board of Supervisors have struggled to interpret vague language in the Carson City ordinance on administrative appeals.
“Good legislation should bring clarity and not confusion. I trust that that principle is common ground between the board and my office and the public that we serve,” said District Attorney Jason Woodbury during Thursday’s meeting.
He suggested defining who qualifies as an “aggrieved party” who can file an appeal, how the Board of Supervisors should review appeals, and what evidence is allowed in an appeal.
The supervisors agreed that an “aggrieved party” should either live in Carson City, own property in Carson City, have a Carson City business, or live within the area that was sent notices about the development.
They also said that the appellant should have to participate in the initial process that generates the appeal. Essentially, they should have to participate in public comment at the Planning Commission meeting.
Additionally, new language clarifies that the board should evaluate appeals with an “abuse of discretion” standard, meaning the board evaluates whether the Planning Commission made a sound decision. And new evidence may only be considered if it was not available at the Planning Commission’s original decision.
Woodbury recommended adding to the section that the Community Development Department should create a standard form for appeals and have a process to correct appeals that are filled out incorrectly.
During public comment, some residents spoke out against the changes, saying the community would have less of a voice. Mayor Lori Bagwell disagreed and said that everyone would still be welcome to participate in public comment. The board’s intent is to limit appeals from parties who should not have legal ground to appeal, such as large out-of-state organizations, or individuals with a vendetta against a certain development.
As it is written now, the ordinance would technically allow appeals from those parties.
The supervisors directed the District Attorney’s office to continue working on the changes. They will hear the matter again at a later meeting.
Among their other agenda items, the board also directed Parks, Recreation, and Open Space to begin due diligence to acquire a property within Ash Canyon. The parcel contains a trail system and a portion of ash creek.
Though the property is currently in escrow, the city is putting itself in a position to be second in line if the sale falls through, said Open Space manager Lyndsey Boyer.
