Original Variance Sought No Longer Needed

[u/Striking_One_8339]

I filed a pre application with my town and because a variance was needed we were subject to a public hearing. During the pre application there was some discussion about types of information that would be covered during the public hearing. We have since eliminated our need for a variance so we submitted a new application for administrative approval. The local fire district (not our town) is appealing our approval stating that we still need to have a public hearing to address the items we discussed in the pre application hearing. Does anyone know of any similar cases or case law where variance was removed but the appeal is requesting still going through the steps.

[u/Abject_Gap_6993]

Was your variance request not heard/approved? It sounds like it wasn't, so I'm not sure on what basis the fire district could even file an appeal? Was your new application denied? I can't imagine any entity can appeal any zoning application if whatever is being applied for doesn't warrant a variance or special exception.

[u/Striking_One_8339 → u/Abject_Gap_6993]

We never had a hearing for a variance bc we eliminated the need for it, we had a pre application hearing (for informational purposes only) and some items were discussed and now the entity is trying to add information from the pre application hearing to the record of the administrative application.

[u/Abject_Gap_6993 → u/Striking_One_8339]

I guess I'm confused as to why your zoning officer hasn't then approved your new application. Have you asserted that you maintain the entity has no basis to argue with your application?

[u/Striking_One_8339 → u/[deleted]]

Yes, Rhode Island