Min - 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