RULES AND REGULATIONS REVIEW COMMITTEE

 

ITEM:     DISCUSSION ITEM

 

4.

DISCUSS AMENDING RULE 90, VARIANCE, TO LIMIT THE TIME PERIOD FOR FILING A REQUEST FOR VARIANCE

 

Meeting Date:

October 19, 2011

Budgeted: 

N/A

 

From:

David J. Stoldt,

Program/

 

 

General Manager

Line Item No.:

 

Prepared By:

Stephanie Pintar

Cost Estimate:

N/A

 

General Counsel Approval:  N/A

Committee Recommendation:  N/A

CEQA Compliance:  N/A

 

SUMMARY:  The Board referred this topic to the Rules and Regulations Committee on August 15, 2011.  At the August Board meeting, the Board considered a variance request for a condition to a Water Permit that was issued in 1994.  During discussion on the variance request, Director Markey questioned the length of time that had passed between the permit and the variance and requested that a possible rule change be considered.

 

District Rule 90, Variance, reads as follows:

 

RULE 90 - VARIANCE

The Board may, after holding a public hearing, in specific cases, grant a variance from any provision of the standards incorporated into these Rules and Regulations whenever it finds: (a) that Special Circumstances exist in a particular case, and (b) that practical difficulties or Undue Hardship would result from the strict interpretation and enforcement of any such standard, and (c) that the granting of such a variance would not tend to defeat the purposes of these Rules and Regulations. The Board may place conditions upon such variances. Each application for variance concerning Regulation X, Rules 100-104, and concerning Rule 171 shall be processed pursuant to the provisions of Rule 92.  Upon hearing the variance, the Board shall also have the discretion in unusual matters to reduce and rebate in full or in part the fee for appeal otherwise set by Rule 60.

 

Rule added by Ordinance No. 3 (7/11/80); amended by Ordinance No. 5 (4/13/81); Ordinance No. 7 (7/13/81); Ordinance No. 6 (5/11/81); Ordinance No. 63 (6/15/92); Ordinance No. 125 (9/18/2006)

 

RECOMMENDATION:  The Rules and Regulations Committee should review Rule 90, discuss the merits of limiting the window of time to file a variance request and provide direction to staff.

 

EXHIBITS

None

 

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