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BOA 07-06-2009 BOARD OF ADJUSTMENT MINUTES SPECIAL MEETING/WORKSHOP July 6, 2009 "-" The Schertz Board of Adjustment convened on July 6, 2009 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Darlene Price, Vice Chairman Van Adams Donald McQueen Norman Slocum Rebekah Inmon, Alternate CITY STAFF Michelle Sanchez, Director of Development Services Lesa Wood, Planner I Misty Nichols, Senior Planner Don Taylor, City Manager BOARD MEMBERS ABSENT Frank McElroy, Alternate OTHERS PRESENT Robert Brockman, 1000 Elbel 1. CALL TO ORDER/ROLL CALL Mr. Hartzog called the meeting to order at 6:01P.M. 2. Discuss State Law and Unified Development Code (UDC) Duties, Responsibilities and Authority. (M. Spain) """ Ms. Sanchez presented the following: · Unified Development Code (UDC) Article 3 Boards and Commissions, Sec. 21.3.4 Board of Adjustment. · The Board structure is 5 member and 2 alternates. Quorum for the Board is 4 out of 5 members. · This is a Quasi-judicial Board and the decisions made by the Board are final. Any appeals to the Boards decision must be appealed through District Court. · Minutes are prepared for each meeting and are permanent records. · Agendas are prepared for each meeting and are destroyed after 2 years by the State retention schedule. · Variances as defined by the UDC are permissions to depart from this UDC when, because of special circumstances applicable to the property, strict application of the provisions of this UDC deprives such property of privileges commonly enjoyed by other properties in the same vicinity. · Board consideration and review criteria for variances include the following: the variance is not contrary to the public interest and, due to special conditions; a literal enforcement of the ordinance would result in unnecessary hardship, or contrary to the spirit of the Code. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss ofthe applicant. · BOA duties include hearing of variances (setback, parking and signs), Special Exceptions and Appeals. · Variance considerations for unnecessary hardship include no feasible use of the property, shape or topography of the property that deems the property unusable. · Duties and approval authority include the following: hearing of appeals when an alleged order, requirement, decision or determination made by a City Official. Mr. Hartzog asked for clarification on the Planning and Zoning Liaison and why the Board no longer gets input from the Planning and Zoning. "-" Minutes Board of Adjustment July 6, 2009 Page lof3 Ms. Sanchez advised the Board that liaisons are typically observers. City Council liaisons are not unusual. However; Planning and Zoning liaisons are not typical because they to not have any authority over decisions made by the Board. The Board of Adjustment is a quasi-judicial board. Planning and Zoning is a recommending body to City Council and the Board of Adjustment decision are final. Mr. Spain stated that the duties of Planning and Zoning and Board of Adjustment are different. It is not appropriate for Planning and Zoning Commission to influence and tell the Board how to vote. Liaisons are intended to be an observation and not a education. Mr. Slocum questioned what changed over the years. Mr. Spain stated that over time that Planning and Zoning made assumption of some of the Board of Adjustment duties and by law they should be separate. Ms. Sanchez stated that there will no longer be a Planning and Zoning liaison, but City Council liaison will have the option to attend if they so choose. Mr. Slocum asked if the Council Liaison would have any other input that just observing? Mr. Spain stated that it is not the proper role of a liaison to influence the Board; however, City Council liaison can speak on his own behalf as any other Citizen but not for the entire Council. The liaisons principal role is listen and report back to the entire Council. Mr. Spain presented the following: · The hand out provided is every section that pertains to the Board of Adjustment. · Article 3 is everything that pertains to the Board. · Article 4 is the bulk of what the Board deals with. · The following articles also have references to the Board of Adjustment: Article 8, Article 9, Article 14 and suggested that the Board read Article 11 that relates to signs. Mr. Slocum displayed a letter/email and photos. He requested to ask a few questions about the sign photos displayed in general. Mr. Sanchez reminded Mr. Slocum that the displayed items were not on the agenda for discussion. Mr. Spain stated that this was a general discussion on the UDC. Mr. Slocum requested to ask general questions about the signs displayed as reflected in Article 11 of the UDC. Mr. Spain advised him that these items would need to be placed on the next agenda. Mr. Spain continued with his presentation of the following items: · Conducting an appeal. · Attendance of the Board and appointment of the seat when regular member is absent. · Suggested that alternates regularly alternate. · Order of the appeal- Open hearing, staff report, applicant/representative make a presentation, staff response, no hearing of residents unless asked by applicant, city or board. Discussion between Mr. Taylor, Mr. Slocum and Mr. Spain had a discussion on dilapidated signs and the rolls of staff and the Board. Ms. Sanchez stated that staff will be looking at the signs presented. Mr. Spain reminded the Board that the Boards responsibility is not to look for violations; however, as a citizen and if you get too active in reporting things that you presume as problems it can endanger you role on the Board. It can adversely effect the decision on the Board. Mr. Hartzog requested clarification of the sign ordinance and state law. Mr. Spain discussed general information on signs and sign regulations. He stated that the sign ordinance was originally written in the 1970's. Mr. Spain reviewed the Article 3, Sec. 21.3.4 E. Appeals of BOA Decisions and emphasized number five Decision of the Court. Mr. Spain stated that in the decision process it take four votes to overturn the appeal. Ms. Price asked if the decision was by the guideline in the UDC. -...J -....J Minutes Board of Adjustment July 6, 2009 Page 2 of3 ..J "'" Mr. Spain stated that staff reviews all items presented and makes a decision accordingly. Mr. Taylor stated that the City has done their due diligence before making decision. Mr. Spain stated that the Boards job is to gather the fact needed. Ask question. Mr. Spain suggested the Board review Article 3, 4, 11 and the others suggested earlier. Ms. Price stated the applications submitted are sometimes poorly written and when asked to make decision there is pressure on the Board. Mr. Spain reminded the Board that is things are self inflicted it is not the obligation of the BOA to fix it and you have to remind yourself of your role. There are many factors to take into account in Article 3 tells you the things you can take into account and remember the zoning rules of the City are to regulate the City as a whole. Think about what the real problem and why? And is it undermining the rule adopted by the Council. It is important to take the bigger picture. Mr. Hartzog questioned the word hardship. He gave an example of a deck and encroachment in rear yard setback. Mr. Spain stated that a homeowner should review the survey before buying a home because it is their responsibility before buying a home and personal preference is not the City's fault. It is important to look and the bigger picture and review the City regulations. Mr. Spain stated at September I, 2009 the open meeting will have a change. The legislature has allowed general announcement to be made without being on the agenda. Mr. Hartzog asked for Mr. Spain to address emails. Mr. Spain stated do not discuss any particular item by email or in person outside the meeting before the meeting has taken place. He stated that online training is available. Mr. Taylor expressed his appreciation for the Board and let them know that how important their job is. '""'" Ms. Sanchez requested clarification on voting from Mr. Spain. As discussed in previous 4 votes are necessary for the motion to carry and is an abstention considered a no vote? Mr. Spain stated that four affirmative votes are needed to approve and a abstention would be consider a no vote. Mr. Hartzog thanked the staff1 Mr. McQueen stated that he would be absent at the meeting on July 27,2009. 3. ADJOURNMENT OF THE SPECIAL MEETING/WORKSHOP The meeting adjourned at 7:24 P.M. &BOard, of Adj ~ Wooj Recording Secretary, City of Schertz '--' Minutes Board of Adjustment July 6, 2009 Page 3 of3