By Councillor-At-Large Michelle Kelley
Nearly 90% of applications brought before the Zoning Board of Appeals (ZBA) over the past five years have been approved, based on decision records provided by the City Clerk. That figure alone does not tell the whole story, but it does suggest that approvals are the norm and that a closer look at how these decisions are made is warranted.
At a recent Zoning Board of Appeals (ZBA) hearing, a variance was requested to allow a driveway within 20 feet of one of the busiest intersections in the city.
The City Engineer provided a written opinion stating that the proposed configuration would create a very unsafe condition. That concern was presented to the ZBA and entered into the record. A similar concern regarding the driveway layout was also raised in a letter from the prior property owner.
Nevertheless, the variance was granted.
The ZBA is an appointed, unelected body.
This is not about one project. It raises a broader concern about how decisions are made and how concerns are weighed. When documented safety concerns are presented, the public reasonably expects that those concerns will play a meaningful role in the outcome.
Based on ZBA decision records provided by the City Clerk, 175 of 196 decided applications between 2020 and the present were approved, representing 89.29%.
While each case is unique, such a high approval rate suggests that approvals are the norm rather than the exception. This makes it all the more important to understand how decisions are reached, particularly in cases involving safety concerns.
Residents take the time to participate in these hearings, present information, and engage in the process. When concerns are raised on the record, there is a reasonable expectation that they will be meaningfully considered. When outcomes appear unchanged despite those concerns, it can create the perception that participation has little impact on the result and, therefore, further weaken what little trust in the process remains.
This is not about opposing development. It is about transparency and ensuring that public safety concerns are fully and fairly considered in decisions that shape our neighborhoods. A nearly 90% approval rate alone warrants closer scrutiny and a more transparent review of how zoning decisions are being made, so that public confidence in those entrusted to make them can begin to be restored.