HomeMy WebLinkAbout03111975 ZBA Minutesr
REGULAR MEETING ZONING BOARD OF ADJUSTMENT
MARCH 11, 1975
The Zoning Board og Adjustment of the City of West University Place met in
organizational session at the City Hall on Tuesday, March 11, 1975, 7:30 p.m.,
with the following persent: .Members John Ayres, Frank Billings, Mike Casey,
Bob Johnson and Richard Wilkins. Alternate member Dan Doughty was also present.
Alternate member Frank Burge was absent.
The first item on the agenda was the election of a Chairman and Vice-Chairman to
serve until the regular meeting in December, 1975, or the Rules of Procedure are
amended to provide a longer tem of office.
Motion by Mr. Johnson, seconded by Mr. Billings, that Mr. Mike Case be elected to
serve as Chairman of the Zoning. Board of Adjustment.
Voting Aye All
Voting No: None
Motion by Mr. Johnson, seconded by Mr. Billings, that Mr. Richard Wilkins
be lected to serve as Vice-Chairman of the Zoning Board of Adjustment.
Voting Aye: All
Voting No: None
In accordance with the provisions of Article I, Section 1 of the Rules of Procedure
of the Zoning Board of Adjustment of the City of West University Place, the Board
discussed a proper date to designate as a regular meeting date, noting that the
Rules of Procedure must be amended if changed from the third Thursday of each
month.
Motion by Mr. Billings, seconded by Mr. Johnson, that the third Thursday of each
month be designated as the regular meeting date for the Zoning Board of Adjustment
and the Rules of Procedure remain as written in this regard.
Voting Aye: A11
Voting No: None
Following the selection of a meeting date, Chairman Casey advised the Board that
it would be appropriate, as a new Board, if one entire meeting date should be
devoted to the study of Rules of Procedure and make any desired amendments thereto.
New members of the Board were advised that it would be very informative if each
read the "Powers of a Zoning Board of Adjustment" prior to the next meeting of the
Board. New members were further advised that if any members so desired, the City
Attorney would be requested to meeting with the Board at a future meeting.
The Board Secretary gave an account of the procedure following when a request is
made for a hearing before the Zoning Board of Adjustment subsequent to the denial
of a building permit by the Building Inspector.
The difference in the functions of the Zoning and Planning Commission and the
Zoning Board of Adjustment was explained for the benefit of new Board members,
noting that the basic function of the Zoning and Planning Commission is that of
a study committee to study and hear applications for amendments, changes or
modifications to the basic Zoning Ordinance No. 111, and amending ordinances.
After hearing applicants, the Zoning and Planning Commission will arrive at a
decision to make, or to not make, a recommendation to the City Commission for
amendment to the Zoning Ordinance, such as creating anew use district (former
residential district changed to townhouse/clusterhouse district. etc.).
The purpose of the Zoning Board of Adjustment is to serve as a safety valve for
the Zoning Ordinance-itself, between officials administering the ordinance and
the people, acting in this fashion by three means:
a) Appeal by the applicant from a rule of some official
of the city, usually the Building Inspector
b) Hear and act on request fora variance to the ordinance
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c) Hear and act on request for exception to the ordinance.
Following a hearing by the Board to seek relief, if the propertyowner is unhappy
with the decision rendered, his recourse is to court, where a superior court
(District Court) is telling a lower court (Zoning Board of Adjustment) that it
wants to look at the testimony and then renders a verdict.
Some of the common cases generally heard by the city's Zoning Board of Adjustment
were discussed, including:
a) Set back lines
b) Lot coverage
c) Building lines
d) Encroachments
Members-of the Zoning Board of'Adjustment were advised that they have no juris-
diction whatsoever over the following:
a) Fence ordinance
b) Ordinances relating to the construction of sidewalks and driveways
c) Circular driveways
d) Building code
e) Plumbing and Gas coses
f) Electrical code
g) Heating and Air Conditioning regulations
Mr. Doughty was advised that as an Alternate Member he should attend all meetings
and when necessary for one of the Alternates to serve as an active Member the call
would be made alphabetically the first time and then on a rotating basis.
Members of the Board decided to meet again on Thursday, March 20, 1975, to further
review the Rules of Procedure and discuss any questions posed by new members of
the Board.
With no further business to come before the Board at this time, upon motion duly
made, seconded and carried, the meeting adjourned at 9:00 p.m.
ATTEST:
Se retary
Chairman