Please read the attached PDF with KCPA Position on proposed zoning amendment for appeals. KCPA believes this proposed amendment removes a local body with authority to modify decisions from the appeals process that denies community (AND applicants) review of important decisions made by Planning Commission.
To reduce the number of appeals filed (a desirable for all parties) we recommend that work resume on revising the Planned Residential ordinance, and also to update use regulations regarding treatment centers, which are urgently needed in our county. View Attachment
In the last 14 years, the county’s Board of Zoning Appeals has heard sixteen Use on Review appeals. Of those cases, the BZA reached a final resolution for all but five.
Some elected officials and staff have claimed that there have been 19 appeals of Use on Review decisions; in that number they count two (2) that were withdrawn by the development applicant before hearing date, and one that was an appeal of a county building officials decision. BZA has heard a total of sixteen (16) appeals of Uses on Review since 2008.
Officials and staff have made statements that only one or two Use on Review appeals have been
overturned by BZA in the last 15 years. That is technically correct, but misleading. Since 2008, the BZA has affirmed the Planning Commission eight times (8, or 50%), modified or imposed restrictions five times, overruled twice (2), and ruled the applicant didn’t have standing once (1). This is the full picture supported by the agendas and minutes, and is a much different story than claiming the BZA has only overturned Planning Commission once or twice and is therefore slowing things down by a few months. View Attachment
Nothing is broken here so why try to fix it ? People deserve the right to voice their opinions about ALL USE ON REVIEWS . No controversial uses on review should ever be granted a free pass without proper vetting BUY THE TAXPAYERS and all use on review appeals should be heard by the Knox County Commission. The Commissioners are elected by the people to protect our communities and safeguard our rights. Any change to this process just takes power away from the people. Again if it is not broken why try and fix it?