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June 26. 2009 6:00AM

The Brandon Planning & Zoning Commission made its first binding decision on a variance request Monday night when members denied a resident a concrete pad next to his driveway.
Neil Dresselhuis, 304 Fourth Ave., wanted to extend to the curb an existing concrete pad that is next to his double-wide driveway. It would have come to within one foot of his side lot line.

Since the commission was established, its purpose has been to make recommendations to the City Council, which made final decisions on variance and conditional use applications. In 2008, the commission went through the city’s entire zoning code to update it.

One recommendation that came out of that process was to have just one board of adjustment, either the commission or the council, but not both, said City Administrator Dennis Olson.

The council agreed and gave the commission the power to have the final say on variance and conditional use requests. Monday’s decision was the commission’s first in its new capacity.

The council still might rule on an application if the applicant appeals the commission’s decision. However, an appeal must contain only the information originally presented to the commission. If the application contains new information, the applicant must start over with a new request to the commission.

“I really think this is a good process,” Olson said. “I don’t think it’s necessary for the public to come to two different meetings for the same questions.”

However, the council has the ultimate control and responsibility.

“They (commission) will be charged to follow them (laws) by the letter, and, therefore, the accuracy of those guidelines falls back on the council,” Alderman Brett Karber said in an e-mail to the Challenger in March. Karber made the motion in April to make the commission into the board of adjustment.

In March, Karber said applicants often had to wait extra weeks to get their answer because first the commission had to hear their request and then the council had to decide on it.

Olson said city laws include a checklist of questions commissioners must consider before ruling on a request. “Hardship? Public safety? Lights? It’s a very logical set of questions to make sure the applicant gets due process,” Olson said.

Planning & Zoning Commission members are appointed by the mayor and approved by the council. That is another safeguard that the laws will be followed, Olson said.

“The council approves the rules they (commission) go by, and they approve the appointments, so they do have control,” he said.

Making its first binding decision wasn’t easy for commission members Monday night as they struggled with ways to help Dresselhuis with his predicament while still following the law.

Dresselhuis said when backing out from the existing pad, sometimes he or his family members wouldn’t turn sharply enough to stay on concrete and would get stuck in mud.

Commission president Chuck Parsons said that city law doesn’t allow any concrete or rock in a setback or boulevard unless the applicant can prove a hardship.

“I get stuck on the hardship,” Parsons said.

City Attorney Lisa Marso read what city law Chapter 15-17-4 has to say about hardship: “An unnecessary hardship refers solely to the particular physical condition of the property, not any personal or self-inflicted hardship to its owner, financial or otherwise. The hardship must be substantial and of compelling force, not merely for reasons of convenience or profit, and must render the ability to use the land unfeasible without the variance.”

Commissioner Paul Bosch suggested Dresselhuis might landscape the corner of his lot he wanted to pave over. City building inspector Dave Swier said, “There’s really nothing you could do except grass it.” Commissioners also suggested mulch, which is permissible.

Bosch told Dresselhuis, “Unfortunately, we all feel for you, but we can’t see any compelling reason to grant you (the variance).” Then he moved to deny the request. The vote was unanimous to deny.