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Home My WebLink About10042021 ZBA Agenda Item 2 Orn entation City of Zoning Board of West University Adjustment Place 2021 Scott Bounds City Attorney & n Olson,lson, L.L.P. Board Orientation Mission • Understand the responsibilities of the ZBA • Provide overview of legal issues • Answer questions Overview • BSC • ZPC • Building/Dev. Codes • Plats & Re-plats • Substandard Buildings • Zoning ordinance • Property Maintenance • Comprehensive plans • Signs • ZBA • Fences • Zoning relief and • Curbs & Sidewalks interpretations • Trees • Zoning enforcement • Animal Control • Swimming Pools Information Flow Chart Citizens City Council Boards •Neat t1/4 Senior Staff At 44 Staff Liaisons Board of Adjustment • Five members appointment by Mayor and Council ' • Four members required for a quorum • Alternate members Role of the ZBA Hear & decide: • Appeals that allege error in administration of zoning ordinance • Requests for "special exceptions" • Requests for a "variance" • Other matters authorized by Council Zoning Official Errors • Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by a zoning administrator in the interpretation or enforcement of the Zoning Ordinance. • Appeals may be taken to and before the Board by any person aggrieved, or by any officer, department of the City. Authorize Variances • Not contrary to the public interest • Due to special conditions • To avoid unnecessary hardship • Sprit of the ordinance is observed • Substantial justice done. • #No "use" variance • #May impose conditions with variance Decisions by the Board • Four votes necessary to: Reverse an order, requirement, decision, or determination of the zoning administrator; Decide in favor of an applicant in a matter; or Authorize a variance from the Zoning Ordinance. The Quasi-judicial Trial • Notice and public hearing • Identification of parties; Applicant;Aggrieved; Administrator • Public Participation • Right of cross-examination • Deliberation • Written decision � 1 Appeal of Board Decision • Appeal from ZBOA is to: • District Court; or • County Court. • Appeal may be brought by: Person aggrieved by a decision of the Board; Taxpayer; or * City. Other General Matters • Conflicts & Public Servant Laws • Open Meetings • Open Records • Other Conflicts of Interest City Charter, §10.04 • Scope — • Employee or elected or appointed officer • During the term of office • Don't act if personal interest in conflict with City interest • Don't accept gifts, favors, privileges or employment • Don't have an interest in contracts, jobs, work or service Local Gov't Code Chapter 171 • Scope — • Local public official (and family) • Substantial interest in real property or business entity • Special economic effect • Requirements — • Abstain from participation • File affidavit before any vote • Violation is a criminal offense Public Servant Laws • Watch out for: • `Benefits" and honoraria • City property or services • Use of"inside" information • Undue influence Open Meetings Act • Scope — • Governmental body — BSC, ZBA, ZPC • Quorum (or sometimes less) • Verbal exchange, electronic communication or receiving info • Public business or policy • Training required by State —2 hours • To be scheduled within 90 days Open Meetings Act • Requirements — •Post notice 72 hours in advance Date, Time, Place, Subject (agenda) •Open to the public •Minutes, tapes or other means of recording •Violations can be criminal offenses No Walking Quorums A"walking quorum" occurs when members of a governmental body meet in a series of meetings in person or via phone or other electronic communication in numbers less than a quorum to discuss public business and avoid the requirements of the Act. c J uc.Mee TINGS(3ei4 ND CLOSeD DOORS) - - NG.3) Pal THCN Open Meetings Act (and fairness) • Watch out for--- • Unposted exchanges of info • Electronic "meetings" • Less-than-a-quorum • Executive sessions / \ Tried and True Formula • Keep all public business — • IN the room • ON the agenda • WITHIN your scope of responsibility Open Records- Public Information Act (PIA) • Almost everything is public (including texts & emails on cellphone) • Must provide copies upon request • Don't destroy anything unless. . . • Don't "tamper" with records Major Caveats • The "open meetings" and "public information" acts • Do not hit the "reply all" button when responding to a group email • Any notes you make on your papers are public record and must keep for 90 days • All meetings are recorded Questions? ZONING BOARD OF ADJUSTMENT (2021-2023) Name and Address Position Contact Information Ross Fava Position 1, Chair 713.806.0559 3825 Northwestern First Appointed 09/27/21 713.665.5105 (alternate) rossqfavaqmail.com Jay Cohen Position 2 713.489.4300 6433 Sewanee First Appointed 08/12/19 jay(c�blasslaw.com Lawrence Foust Position 3 310.279.7848 2739 Talbott First Appointed 09/27/21 lawrencefoust(c�comcast.net Owen Rutz Position 4 713.515.9001 3737 Plumb First Appointed 09/27/21 713.667.4067 (alternate) owen.rutz(c�gmail.com Frank Monacelli Position 5 713.825.1949 3009 University First Appointed 09/27/21 713.502.9604 frank.monacelli(a�ninoprooerties.com Donald Yurewicz Alternate A 281.654.7862 (o) 4212 Riley First Appointed as Alt.09/12/11 713.666.9221 (h) Appointed to Pos. 3-08/12/19 Appointed to Alt.A 09/27/21 donaldy(c�aol.com Francois Daube Alternate B 281.467.3583 4026 Villanova First Appointed 09/27/21 francoisdaubel0(a�gmail.com Michael Tucker Alternate C 214.274.0196 2616 Centenary First Appointed 09/27/21 michael.tucker(a�gmail.com Harold Rocketto Alternate D 303.918.1769 2828H West Holcombe First Appointed 09/27/21 haroldrocketto cni.aol.com September 2021 (tg) The Board meets the 4th Thursday of the month, except for November and December, which are the 3rd Thursday of the month. The Board only meets when there are applications for relief from the zoning regulations. All positions expire August 31, 2023 Form BSC-501 City of West University Place Zoning Board of Adjustments REQUEST FOR ALTERNATE MEMBERS TO SERVE I, the undersigned Mayor or City Manager of the City of West University Place, hereby request alternate members of the Building Standards Commission to serve in the absence of one or more regular members, as set out in the chart below. For all meetings during each month indicated, alternate members are requested to serve in the order indicated, depending upon the number of absences, so that all absences are filled. Example: At a given meeting in November where there are two absences,alternate members B and C are requested to serve. If an alternate is requested to serve at a meeting,but is absent, the next indicated alternate for that month is requested to serve in that alternate's place. Example: Alternate C is requested to serve at a meeting in December, but Alternate C is absent; Alternate D is the next indicated alternate, so Alternate D is requested to serve in Alternate's C's place. Month during which meeting occurs(applies to all meetings Alternate member(s)who are requested to serve,by positions to during the month indicated of each year,until this request is which alternates were appointed* revoked or changed) First Second Third Fourth October (A)Donald (B)Francois (C)Michael (D)Harold Yurewicz Daube Tucker Rocketto November (B) Francois (C)Michael (D)Harold (A)Donald Daube Tucker Rocketto Yurewicz December (C)Michael (D)Harold (A)Donald (B)Francois Tucker Rocketto Yurewicz Daube January (D)Harold (A)Donald (B)Francois (C)Michael Rocketto Yurewicz Daube Tucker February (A)Donald (B)Francois (C)Michael (D)Harold Yurewicz Daube Tucker Rocketto • March (B) Francois (C)Michael (D)Harold (A)Donald Daube Tucker Rocketto Yurewicz April (C) Michael (D)Harold (A) Donald (B)Francois Tucker Rocketto Yurewicz Daube May (D)Harold (A)Donald (B)Francois (C)Michael Rocketto Yurewicz Daube Tucker June (A)Donald (B)Francois (C)Michael (D)Harold Yurewicz Daube Tucker Rocketto July (B)Francois (C)Michael (D)Harold (A)Donald Daube Tucker Rocketto Yurewicz August (C)Michael (D)Harold (A)Jay (B)Francois Tucker Rocketto Cohen Daube September (D)Harold (A)Donald (B)Francois (C)Michael Rocketto Yurewicz Daube Tucker *Alternate(A)Donald Yurewicz, Alternate(B)Francois Daube, Alternate(C)Michael Tucker,.and Alternate(D)Harold Rocketto,,as of the date this request is signed. This request applies to successors in each position. This request applies to all meetings beginning in September 2021 and continuing until anged o o Date: September 24,2021 Signed: Name: David Beach Title: ___, City Manager