§ 21.30.095. Decision.

A.

The board of adjustment may affirm or reverse the decision of the lower administrative body in whole or in part. It shall decide an appeal on the basis of the record on appeal and the briefs of the parties to the appeal, in accordance with the standards of section 21.30.090. A majority vote of the fully constituted board is required to reverse or modify the decision appealed from. For the purpose of this section the fully constituted board shall not include those members who do not participate in the proceedings in accordance with section 21.30.170. A decision reversing or modifying the decision appealed from shall be in a form which finally disposes of the case on appeal except where the case is remanded in accordance with section 21.30.100.A.

B.

Every decision of the board of adjustment to affirm or reverse the decision of the lower administrative body pursuant to subsection A. of this section shall be in writing and shall be based upon and include findings and conclusions adopted by the board. Such findings must be reasonably specific so as to provide the community, and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the board's decision. The board may seek the assistance of the municipal staff in the preparation of findings.

C.

Every final decision of the board of adjustment shall clearly state on its face it is a final decision with respect to all issues involved in the case, and that the parties have 30 days from the date of mailing, or other distribution of the decision, to file an appeal to the superior court.

D.

A board of adjustment decision remanding a case on one or more issues in accordance with section 21.30.100 is not a final decision with respect to any issues involved in the appeal. The board of adjustment's decision remanding the case shall be the final decision with respect to all matters affirmed by the board of adjustment's decision when, following the lower administrative body's decision on remand, no appeal is perfected within the period specified in subsection 21.30.030A.

E.

A board of adjustment decision remanding a case on one or more issues in accordance with section 21.30.100 shall state that the decision is the final decision with respect to all matters affirmed therein when, following the lower administrative body's decision on remand, no appeal is perfected within the time period specified in section 21.30.030, and shall also state the parties have 30 days from the expiration of said period to appeal to the superior court.

(AO No. 73-76; AO No. 80-85; AO No. 2004-126(S), § 6, 12-7-04)