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HomeMy WebLinkAboutMin - Board of Adjustment - 1987 - 05/05 - Special CalledALLEN ZONING BOARD OF ADJUSTMENT CALLED SPECIAL MEETING PIAY 5, 1987 ATTENDANCE: Board Members Present: John Karlsruher, Chairman John Cahill, Vice -Chairman Les Garrett, Alternate Ed Lynge Board Members Absent: Galen Clay Tommy Visage City Staff Present: Bill Petty, Director of Community Development Arne Johnson, Assistant Building Official Sally Leeper, Secretary CALL TO ORDER: The May 5, 1987, meeting of the Zoning Board of Adjustment was called to order at 7:40 p.m. in the City Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, by Chairman Karlsruher. Orientation: (Agenda Item II) Chairman Karlsruher read the agenda item into the record as follows: "Orientation of new members." Mr. Bill Petty introduced himself and Mr. Arne Johnson to the Board. He welcomed the new members to the Board, and expressed appreciation on behalf of the City for their willing- ness to serve on this Board. Mr. Petty discussed the Comprehensive Zoning Ordinance and advised the Board that the ordinance was under review at this time and will probably be revised within the next 90 to 120 days. 11 Orientation (Cont.) (Agenda Item II) Mr. Petty discussed Section 4.04 of the Comprehensive Zoning Ordinance which reflects information regarding the Board of Adjustment. He further reviewed the handout "Overview of Responsibilities" with the Board members. He discussed the membership of the Board and stated that staff would always try to have five people in attendance at each meeting. He stated that decisions of this Board cannot be appealed to the City Council, but rather an appeal would go directly to a court of law. Mr. Petty stated that the Board can permit a variance to height, area, or bulk. The Board cannot grant a variance to "use." The Board could grant a variance to the terms of the Zoning Ordinance relating to the construction or alteration of buildings or structures. The Board can waive or reduce parking and loading requirements. The Board has authority to approve a variance for alternate building materials. Mr. Petty further discussed sections from Vernon's Civil Statutes, Article 1011g. Mr. Petty stated that at least four members must be present at each meeting, and there must be four concurring votes to grant an appeal. All meetings will be public and all records are public. The meetings are all recorded and actions are by resolution. He advised the members to call City staff at any time they have a question. Board Member Lynge questioned the procedure for holding a hearing. Mr. Petty stated that notification will be given in writing to any property owner within 200 feet. The chairman of the Board will set out the rules for the hearing, ask for the facts to be presented, open the public hearing, and ask for persons to speak for or against the appeal, and close the public hearing. At that time the public is not invited to speak further. The decision is in the hands of the Board, and must be based on fact. He stated that any communication with staff or the audience needs to go through the chairman. Chairman Karlsruher added that the Board has 90 days to render a decision. Board Member Cahill discussed the question of whether staff should be a part of the hearing process or not. He provided the Board and staff with a suggested handout showing a person's rights and the responsibilities of the Board to be given each person who files for an appeal. The Board discussed the question of whether there was a need for this type of handout and consensus of the Board was that there was not a need. ZONING BOARD OF ADJUSTMENT MAY 5, 1987 PAGE TWO Orientation (Cont.) (Agenda Item II) Mr. Petty discussed Section 4.04 of the Comprehensive Zoning Ordinance which reflects information regarding the Board of Adjustment. He further reviewed the handout "Overview of Responsibilities" with the Board members. He discussed the membership of the Board and stated that staff would always try to have five people in attendance at each meeting. He stated that decisions of this Board cannot be appealed to the City Council, but rather an appeal would go directly to a court of law. Mr. Petty stated that the Board can permit a variance to height, area, or bulk. The Board cannot grant a variance to "use." The Board could grant a variance to the terms of the Zoning Ordinance relating to the construction or alteration of buildings or structures. The Board can waive or reduce parking and loading requirements. The Board has authority to approve a variance for alternate building materials. Mr. Petty further discussed sections from Vernon's Civil Statutes, Article 1011g. Mr. Petty stated that at least four members must be present at each meeting, and there must be four concurring votes to grant an appeal. All meetings will be public and all records are public. The meetings are all recorded and actions are by resolution. He advised the members to call City staff at any time they have a question. Board Member Lynge questioned the procedure for holding a hearing. Mr. Petty stated that notification will be given in writing to any property owner within 200 feet. The chairman of the Board will set out the rules for the hearing, ask for the facts to be presented, open the public hearing, and ask for persons to speak for or against the appeal, and close the public hearing. At that time the public is not invited to speak further. The decision is in the hands of the Board, and must be based on fact. He stated that any communication with staff or the audience needs to go through the chairman. Chairman Karlsruher added that the Board has 90 days to render a decision. Board Member Cahill discussed the question of whether staff should be a part of the hearing process or not. He provided the Board and staff with a suggested handout showing a person's rights and the responsibilities of the Board to be given each person who files for an appeal. The Board discussed the question of whether there was a need for this type of handout and consensus of the Board was that there was not a need. ZONING BOARD OF ADJUSTMENT MAY 5, 1987 PAGE THREE Orientation (Cont.) (Agenda Item II) Mr. Petty discussed the importance of the Board and staff having a good working relationship. He requested that if a member of the Board ever has a problem with staff that they bring that problem directly to staff rather than to bring it up in a public meeting. He further reviewed for the Board the powers and duties section of the Comprehensive Zoning Ordinance. Board Member Garrett requested information as to whether or not he could sit in on a meeting as alternate if all other members were also present. He was told that yes, but if all members are present, then he would not be able to participate. Adjourn; MOTION: Upon a motion by Board Member Lynge and a second by Board Member Garrett, the Board voted 9 FOR and 0 OPPOSED to adjourn the May 5, 1987, meeting of the Allen Zoning Board of Adjustment at 9:15 p.m. The motion carried. These minutes approved this —Cf A1_ day of 1987. Jo n xarlsruher, Chairman 35�nCahill, ce-Chairman