The Shawano County Board of Adjustment is a quasi-judicial entity completely independent of the county’s legislative committees.
Except when it comes to budgeting.
It is that tether that prompted Supervisor Gene Hoppe to question the board’s connection with the Planning, Development and Zoning (PDZ) Committee at the Administrative Committee meeting Tuesday. The committee opted to leave things as is.
Hoppe, Administrative Committee chairman, said county residents told him it seemed that members of the Board of Adjustment were taking their cues from Planning Department staff when making decisions about variances.
Hoppe said the issue came to the forefront when Planning Director Tim Reed last week suggested reducing the number of meetings for both the Board of Adjustment and the PDZ Committee. Reed told the committee it would help to balance the Planning Department’s budget.
Hoppe said Tuesday the county should not be influencing the board’s decisions in any way.
“I think they’re intimidated,” Hoppe said.
Corporation Counsel Tony Kordus said that the budget is the only tie the board has to the Planning Department. By state statute, it has to be a stand-alone entity, he said.
“They are for the sole purpose of reviewing the decisions of the Planning Department and sometimes the committee,” Kordus said. “They need to be unbiased and unfettered.”
Hoppe suggested that another department should be determining the board’s budget to avoid any hint on impropriety.
Supervisor Jerry Erdmann questioned whether Kordus’ claim that the board be unbiased extends to not accepting recommendations from Planning Department staff.
Kordus disagreed, pointing out that cases come to the board because applicants feel their variance should not have been denied by the Planning Department, so the board needs information from both sides when making a decision.
“It’s exactly like a court case in that you have one side presenting its case, you have the applicant who disagrees and presents his case, and the Board of Adjustment is free to disregard everything that was said, accept most things that were said, accept some things that were said, and make their own, independent decision,” Kordus said.
The final decision on who sits on the board lies with Erdmann, the County Board chairman, subject to County Board approval. However, he has solicited input from the PDZ Committee on board candidates.
“I just don’t like to go out and put someone on myself,” Erdmann said.
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