Board of Adjustment adopts hearing officer's findings in Berry-McKay contested case

The Board of Adjustment adopted the hearing officer’s findings and conclusions on the contested case Morgan Berry and Ben McKay v. Planning Director (docket 2026‑BOA‑01) during a July 15 session. Hearing officer Alexandra Nash told the board that evidence had been presented at a prior hearing, that she had submitted recommended findings of fact and conclusions of law to the board and parties, and that the deadline to object had passed with no filings.

"My findings of fact and conclusions of law were submitted to the board that's present today," Nash said on the record. A commissioner moved to adopt the findings; the motion was seconded and carried by voice vote. Nash then submitted a proposed form of order for the board's signature and indicated that, upon signature, the contested-case matter would be concluded.

Parties in the room briefly discussed whether additional appeal mechanisms existed after the board's adoption; Nash and staff explained the contested-case rules provide an appeal path and that LDR amendments are a separate process. Several participants expressed frustration that the BOA process did not address the specific property outcome they had expected, and staff offered follow-up conversations to explain available options.