BOAMin06-03-92CITY D
BOARD OF ADJUSTMENT
June 3, 1992
Present. Pat Lombardo, Chairman
Runaell
Dlck Skaggs
Wiltler
ick We11s, Ci[y Planner
Ajmat Sami, Assls[a nt City Planner
ecky Vose, Ctty At ney
Martba Tyler, Necord tnq Secretary
Absent: Nan y cLarnon, Vice Chairman
t. The meeting was called to octler by Mr. Lombartl0 at 6:50 p.m.
2. PPAOVAL OF M TES: Motion by M undell, s ontletl by M
Skaggs, Chat t minutes of May 6, 1992 Abe approvetl as written.
Motion cazrted by a unanimous voice vote.
3. ciTY ATTORNeY BECxY vos e.
REVIEW BOARD OF ADJUSTMENT CURP£NT AUTHORITY AND PROCEDURES.
Lombardo ced City Attorney, [he Boartl
members. fed she ehatl been asked Coo the
procedures they a the authoilty they have. Shee said the
artl h of eimporta nt powers antl s may be hard
for o ac fly what [hetr dutie sea She s fed she
couldibe reachetl byephone if they ever need her assrstance.
She passetl o copies of e erpts from the Ci [y Code having to do
ith the Boartl of Adj us tmentcand reviewed the follOVing portions of
zoning Ordinance 495.
Special Exceptions - Section 201.1. - Definition(s)
Variances - section 201.3. - Def ini[ion(sj
artl of Adjustment - ction 901.3 Members, 401.3.A.;
uthoxity, 401.3.8.; togs antl Procedures, 401.3.C.;
Variances, Special ceptions, Special 401. 3.D.;
Appeal from decision EOf atlmi nis[rati ve off.i cri arls 401.3.E.;
of e artl of Atljus tment tleclslons, 401.3.G.; Variance
Requests, 402 .3.E.(2, 3 s 4); Special exception applica tt on,
402.3.£. (2 & 3).
ail o the steps [hat neetl to be followed
n granting a artance. She Bard the same procedure is used with
all mu ntcipalit es.
sne referred c the s r utility Review e aid i
set up a relyts spirits bcartl from Che B and o Adjustments
it will be is ompos ed of the s the e will
set o the s nigh[. TTe City C mmtsstonr ata their J e 15, 1992
sting approved a tlopt ed Ortli nance No. 92-108] provitlinq for a
s[ormwater U[ill tyn Appe al Boartl.
Mr. Wells suggested ways the e artl of Atljustment coultl improve
their actions. important that [he mi noted ref lecY their
findings when a decision i matle o e by golnq t ough all
Che steps, A - that refers ton triter is cfor Vart does R
section 402.3.E.0(2) of the Zoning Ortl inance. They should explain
why they rule the way they do. Ms. Voss saitl it i requirement
that they vote the way they do and unless the applicant complies
wtth all the steps, A - G, the Variance sFOUld not be granted.
Wells suggestetl that the 00A, i Yh sir report, should qo step
by step through the s tegories for grantinq a ortlina nee antl
specify theta approvals or tlisapproval of each c The City
Commission would then need t show where they d.i sagreetl with BOA
action ach decision if the Commission ned BOA
aecl5ion.n also a hair
findings. VLOmbardo suggestede Chatutthe se Al preparecta tform
regue ing Che applicant to fill i ing whether o
requirements have been be£oreo they t before the nBOard1
However, M aid the em <ationms hould be ihiough the
minutes [hat the City Commission receives.
wells saitl the Planning Department c n gtve a tiff report
retl along the Sines of the s n points in Section 402 .3.E.
(2)uof nt e Zoning Ordinance. The staff c n give their opinion, antl
the BOA could base their der, is.i ono [he cotle requi , givrng
their r Be s tetl that as nfai a all the rbackground and
discuss ionothat goes o the m inq, r umbent that
[he s retary get e ery detatl to [he m aid, with all
[he m ings being taped, iE a and they
isf ietl with the inf ormationvf urnished tnothe minutes,
they coulda listen t the m o get a erbattm a and
beyond that oultl poll ach to ember intllVitlually.
emphasized thecBOA must state their reasons for deny tog orMgrantinq
a request.
atltlress etl [he Special Exception s of tRe Zoning
Ortl inance. If all the c rtlinance a the
Special Exception shoultl bey grayntetln Yshe os uggested t [hetB artl
that if a application for a spectal E ceptton c s In Co let her
know antl she will wrl to a thex guidelines to follow. she
aid special ception ms houltl be acquire
ontlicional Use from a legal s andpotnt ie tspeci al e eption
ually is presumed to be c with LRe z inq tlis tract,
whereas wrth a Cond ltional Us e, ysif gra ntetl, will Dosed to follow
specific conditions. A Contl itional Use request only goes before
the La ntl Planninq Agency.
Mr. We 11s s ted the Planning Department i [he process of
revrsing thetwhole code. They want [he Land Planning Agency, Board
He also s tetl they have a sultan[, David Coffey, vho is a -
commtsstoner, attorney and land usa expert that will be assra[ing.
explained a special e rmtt i of a empoia ry n
she gave a ample that s eetling eto park a tra filer to
site for a short pert od of ttmeowhile c action of a builtlingni
going o eed a special Permit. onThis could be granted but
not fornan extended period of tzme.
Lombardo gave Ms. V a tlraft copy oC s of [ rules a
procedures that [ ey ave efoimaliz ed antl askedm her to review it.
Ms. Vose r ended tha[ F and Tibiiei, City Engineer, review
appeal process ith members of the
Iltiltty R wr Board s e he iswfamiliar with the s antla rtls athe
City r us tng. rtha cTyler will make a angements with Mr.
Tiblier antl wilt notify the Board members ofrthe meeting tlate.
n by Mr. ski ggs, s onded by M Wiltler t adjourn. Motion
ied by unanimous voice vote. The meeting eatljourned at 8:15
Pamf
Respectfully submitted,
Martha Tyler, Recording secre[acy