2021-882 (3) - Laserfiche WebLink

Since applications for the subdivision and/or resubdivision of property are made to the respective City Commission or the Parish Commission depending on the location of the property, the ap- pointed members of the Board of Zoning Adjustment are not prohibited by 1113B from submitting an application to either the City Commission or Planning Commission, since any such application is not under the supervision or jurisdiction of the Board of Zoning Adjustment. QUESTION 2 Whether the provisions of R.S. 42:1123(34) would provide an exception to the Code for an ap- pointed member of the Board of Zoning Adjustment in the event the application for subdivision or resubdivision also requires a zoning adjustment or variance? Generally, 1113B prohibits an appointed member of the Board of Zoning Adjustment from entering into, or being in any way interested in, an application for zoning adjustment or variance that is under the supervision or jurisdiction of the Board of Zoning Adjustment. However, in the event an appointed member of the Board of Zoning Adjustment submits an application for the subdivision or resubdivision of property that also requires a variance to be approved by the Board of Zoning Adjustment, the exception in 1123(34)would allow the application, provided that all require- ments of the exception are met, including that the subdivided property shall not be less re- strictive than the zoning of the original parcel. QUESTION 3 Whether the Code would prohibit an appointed member of the Board of Zoning Adjustment from applying for a variance on commercial property located in the City of Lafayette? The exception in 1123(34) expressly states that the subdivision, resubdivision, or zoning of such property shall be for residential purposes only. The 1123(34) exception would not apply in this situation. As a result, 1113B would prohibit an appointed member of the Board of Zoning Adjust- ment from submitting, or being any way interested in, an application for variance in zoning of commercial property to the Board of Zoning Adjustment. QUESTION 4 Whether a prohibited transaction under 1113B would be cured by the recusal of the appointed member of the Board of Zoning Adjustment? The Board further noted that recusal as to an application for a variance that does not meet the requirements of 1123(34) does not cure a potential violation of the Code for appointed members of the Board of Zoning Adjustment. QUESTION 5 Whether the Code would require an appointed member of the Board of Zoning Adjustment to resign from their public position to avoid a potential violation of the Code? Page 4 of 5 (BD 2021-882C)