Subverting State and Local Statutes
Breach of - Statutory Duty, Oath of Office, Ethics Policy
How do city officials transform conformity into nonconformity without cause
Four* slEasy Steps
Zoning Board of Appeals
Authorize variance without finding practical difficulty or undue hardship; hearing not an enforcement decision appeal ZBA Case 02-2009 - action 03.25.09 approve
Requires statute violations: MZEA 125.3604(1), 125.3604(7); City Code §154.002, §154.007, §154.164(B), §154.164(C), §154.164(D), §154.171
Approve Special Use Permit without finding consistency with ordinance and Master Plan SUP‑09‑04 - action 04.09.09 approve
Requires statute violations: MZEA 125.3504(2), 125.3504(3); City Code §154.002, §154.171
Approve site plan that does not conform to standards and requirements contained in the ordinance SPR‑09‑08 - action 04.09.09 approve
Requires statute violations: MZEA 125.3501(4); City Code §154.002, §154.169(D)
Issue building permit & certificate of occupancy disregarding ordinance provisions - action - permit issued
Requires statute violations: City Code §154.002, §154.160, §154.161(D), §154.175
*Frequently step two is unnecessary and occasionally city officials don't bother with step one.
Listing of required violations is not comprehensive.
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In the scenario above, unlike Denied Due Process (malfeasance):
Zoning Board of Appeals participation is incorporated,
Planning Commission and Building Official are informed prior to acting,
City Commission, City Manager, and Director of Planning are informed prior to Planning Commission action; and,
Target site is a licensed conforming development.