Section 25.06.120 Records and decisions.

1. The transcript of testimony, if any; the minutes of the secretary; all applications, requests, exhibits and papers filed in any proceeding before the board of adjustment; and the decision of the board shall constitute the record. The board may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it.

2. Every decision of the board of adjustment shall be by written record which shall include findings of fact, shall refer to all the evidence in the record and to the exhibits, plans or specifications upon which such decision is based, shall specify the reason or reasons for such decision, shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief, and shall expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.

3. In any case where this title provides that the failure of the board of adjustment to act within a fixed period shall be deemed a grant or denial of an application, such failure shall, notwithstanding the absence of required findings and conclusion, be considered to be a decision of the board rendered on the day following the expiration of such fixed period; in any other case where the board of adjustment acts without the required written record, such action shall be considered to be a decision of the board. Such decisions shall be appealable in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.

4. The secretary shall immediately file any decision of the board in the office of the board. Within seven days following any decision of the board of adjustment the secretary shall mail notice thereof to each person entitled to such notice pursuant to Section 25.22.020-1a of this title. (Ord. S-30424, 1976)