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HomeMy WebLinkAbout08131964 ZPC Minutesdr~~Cj. REGULAR MEETING OF ZONING AND PLANNIt~TG COMMISSION AUGUST 13, 1964 The Zoning and Planning Commission convened in regular session at the City Hall on Thursday, August l3, 1964, 7:30 p.m., with the following members present; Chairman Hannah, presiding; Members. Lott and Hilton. :The City Attorney was also present. Citizens present were: Mr. & Mrs. Harold J. Adam, 2911 Wroxton, Mr. B. B. Moore, 2908 Wroxtcan, Mr. David Wynne, 3115 Wroxton, Mrs. (7. H. Moore, 2910 Wroxton, Mrs. H. A. lott, 3502 Amherst and Mr. D. Kuritza,3303 Bissonnet. Chairman Hannah announced that a Public Hearing had been called for 7:30 p.m. to consider an amendment to zoning ordinance number 111 which would allow: the Zoning Board of Adjustment to adopt and. amend their own Rules of Proce- dure. He then read a letter received by the Zoning and Planning Commission from Mayor Holman, dated July 13th, requesting that tk~ Zoning and Planning. Commission give consideration to the proposed ordinance and. the proposed Rules of Procedure for the Zoning Board of Adjustment. '' Chairman Hannah stated that on July 16th, the Zoning and Planning Commission met in regular session and formulated a preliminary report. to the City Com- mission, aduising that they felt this amendment to the zoning ordinance was a beneficial and necessary addition to ordinance number 111, and that the Zoning and Planning Commission recommends its adoption. It further advised that a Public Hearing would be called for August 13, 1964, 7;30 p.m., to permit any citizens to be heard in connection with the proposed amende~nt. Chairman Hannah stated that the notice of public hearing had been published twice in a newspaper of general circulation, as is .required._,T1~e Chairman then stated that the Hearing was open for discussion by any interested parties. Mrs. Harold J. Adam, 2911 Wroxton, requested that the proposed amendment to the zoning ordinance'be read. City Attorney Cockrell read the entire proposed ordinance aloud. Mr.B. B. Moore, 2908 Wroxton, requested that the proposed Rules of Proce- dure be read. City Attorney Cockrell suggested that copies of the proposed rules be distributed to those who would like to read them, rather than reading the rules aloud, as they are several pages long. Copies of the proposed rules were distributed to those present and time was allowed for reading them. Mrs. Harold Adam asked whether the Zoning Board of Adjustment is a sub- committee of the Zoning and Planning Commission. Chairman Hannah explained that the two boards ar separate and handle different matters entirely; 1 f~ ~>~' that they both work in connection with the City Commission. Mrs. Adam asked whether, since the Commission appoints the Board of Adjustment, the City Commission should make the rules under which the Board will operate. The City Attorney then explained that the City Commission does not make the Rules for the Zoning Board of Adjustment; that the Zoning Board of Adjustment is set up and authorized under the zoning ordinance, a$ well as under the .State Statutes, but that since there is a question about. the authority of the Zoning Board of Adjustment to adopt its own rules, this should be an amendment to the zoning ordinance. He explained the method of amendment to the zoning ordinance, which is: the consideration by_the Zoning and Planning Commission of the proposed amendment to the zoning ordinance, when requested by the City Commission; a subsequent public hearing held by the Zoning and Planning Commission to hear any interested citizens; the final report of the Zoning and Planning Commission to the City Commis son as to their final recommendation of the proposed ordinance amendment, and finally a public hearing held by the City Commission prior to adoption of the amendment to the zoning ordinance or its rejection. Mr. Harold J. Adam asked whether a request for permission to have less than the required setback building line for a residence would be a matter for the Zoning Board of Adjustment. Th:e City Attorney stated that this is a very good example of the type of matter the Zoning Board of Adjustment would handle. Mr. B. B. Moore asked how broad the power of the Zoning Board of Adjust- ment w oald be. City Attorney Cockrell explained that the power of the Zoning Board ~f Adjustment is quite limited, due to the fact that it has to operate within rather specific areas which are set forth in the State Statutes and the zoning ordinance. It merely has the power to make exceptions or grant variances to the present zoning ordinance, under certain guidelines. It would not handle any re-zoning request at a11; this would come before the Zoning and Planning Commission. Mr. David Wynne, 3115 Wroxton, asked what the nature of the proposed amendment would be. The City Attorney explained that the amendment is actually the last paragraph of the proposed amendment, which states that the Zoning Board of Adjustment would have the power to adopt and amend its own Rules of Procedure. Mr. Adam asked whether the powers of the Zoning Board of Adjustment are already spelled out in the law, and if this is''why they are not spelled out in the ordinance and proposed Rules of Procedure. City Attorney Cockrell stated that this is correct; they are''already set up in the statutes and in the ordinance. ~, There. being no further "questielns'or discussion, the following action was taken:. .Motion by Mr. Hilton, seconded by Mr. Lott, that the Public Hearing be closed. Voting .lye: All Voting No: lUone I 207.-A ORDINANCE NUMBER 845 1 ~J AN ORDINANCE FINDING AND DETERMINING THAT EACH :AND ALL OF THE PROCEEDINGS HAVE BEEN HAD AND ALL THINGS DONE PREQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CO~t- SIDER THE AMENDING OF ZONING ORDINANCE NUMBER 111 OF THE CITY OF WEST UNIVESITY PLACE, TEXAS, TO PERMIT THE ADOPTION OF RULES OF PROCEDURE BY THE ZONING BOARD OF ADJUSTMENT; FINDING THAT THE PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING SUCH AMENDMENT HAS BEEN DULY AND LEGALLY HELD BY THE ZONING AND PLANNING COMMISSION AND BY THE CITY COMMISSION; APPROVING AND ADOPTING'THE RE- FINDING THAT ORDINANCE NUMBER 111 OF THE CITY OF WEST UNIVERSITY PLACE SHOULD BE SO AMENDED; AMENDING ORDINANCE NUMBER 111 PERMITTING THE ADOPTION OF SUCH RULES OF PRO- DECURE; AND PROVIDING AN EFFECTNE DATE.. WHEREAS, the Zoning Board of Adjustment has submitted. to the City Commission and the Zoning. and Planning Commission of said City certain pro- posed rules of procedure governing the procedures and duties of the Zoning Board of Adjustment, a copy of such rules of procedure being marked "Exhibit A" and attached hereto for all purposes; and WHEREAS, the Zoning and Planning Commission of the City of West University Place having considered the proposed rules of procedure and the pro- posed amendment to ordinance number 111 and after public hearing. thereon has sub- witted its recommendation that ordinance number 111 should. be so amended; and WHEREAS, a notice of public hearing to be :held by the City Commission of the City of West University Place was duly given by publication in the Houston Chronicle; and WHEREAS, pursuant to such notice a public hearing was held by the City Commission at the City Hall, 3800 University Boulevard, at 7:30 p.m.. Monday the 14th day of September, 1864; and WHEREAS, the City Commission finds that such amendment shall promote and provide for the health, safety, convenience, comfort and general welfare of the citizens of said. city; and_ WHEREAS, the City Commission is of the opinion that Ordinance number 111 should be so amended: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNNERSITY PLACE, TEXAS: Section 1. That the City Commission of the City of West University Place hereby finds and determines that all formalities required by Ordinance number 111 of said City relative to the proposal for an amend.-nent to the said ordinance to permit .the adoption of rules of procedure governing the proce- dures to be followed by and the duties of the Zoning Board of Adjustment have been met. 207-B Section 2. .That the report and .recommendation of the Zoning and Planning Commission relative to such amendment bem and it is hereby, approved and adopted. Section 3. That Section 30 of Ordinance number 111 of the `City of West University Place, Texas, is hereby amended by the addition of a sub- paragraph to be known as su-paragraph number 10 to read as follows: "( 10 )The Board of Adjustment shall adopt Rules of Procedure consistent with Articles lOlla to lOllj, Revised Civil Statutes of-Texas 1925, the Charter-of West University Place, Texas and_Ordinance number 111 of the City.. of West. University Place, Texas. Such rules may be amended. or modified by an affirmative vote of not less than four members of the Board, provided that such amendment. be presented in writing at a regular meeting..and. action taken there o n at a subsequent regular meeting." Section 4. This•Ordinance will take effect and be in force immedi- ately from and after its passage and approval. PASSED AND APPROVED this l~+th day of September, 1964. COMMISSIONERS VOTING AYL.:'a All COMMISSIONERS VOTING N0: None (signed by Dupree`Holman). Mayor ATTEST: (signed by Sylvia Fulweiler) Assistant City Secretary 207-C "EXHIBIT A" CITY OF WEST UNIVERSITY PLACE, TEXAS RULES OF PROCEDURE OF SONING.BOARD OF ADJUSTMENT ARTICLE I Meetings ` Sec. 1. Regular meetings of the Board of Adjustment shall be held at .7:.30 p.m on the third Monday of .each month.. Sec.'s. Special meetings .may be called by the Chairman, or ar the request of two members, of which notice shall be given to each member at least. ~+8 hours before the time set, except that announcement of a special meeting, at arty meeting at which all members are present, shall be sufficient notice of such meeting, Sec. 3. A quorum of the Board shall consist of four (4) members. ARTICLE II Cases Before the Board Sec. 1. Each application to the Board, whether an appeal from an order, dec- Sion, or determination of the Building Inspector or whether for a special exception. or for variance, shall be made on official Form No. 1, as adopted by these rules., which application should be filed in person or by mail with the Secretary of he Zoning Board of Adjustment of the City of West University Place, 3800 University Boulevard, Houston, Texas 77005. Sec. 2. All information called for by Form No. l shall be furnished by applicant in the manner therein presecribed, and all notices shall be given on forms presecribed by the Board. (Form No. 2) Sec. 3, The Board shall reject all applications unless made on the prescribed form properly filled out with all required data attached. Sec. 4. .Every appeal must be taken iwthin ten days from the date of refusal of a permit by, or date of order, ruling, decision, or determination of theBuilding Inspector, and the Building Inspector shall soadvise the applicant.. Sec. 5. Any communication purposting to b e an appeal .shall be regarded as mere :notice to seek relief untilL it is made in the form required by these rules. Sec. 6 Appeals made after ten days from the date aforesaid shall not be con- sidered by the Board. ARTICLE III The Docket and Calendar. 207-D Sec. 1. Each_application,fled in proper form-with the required data shall be numbered serially, docketed, and shall be placed upon the calendar of the Board by the Secretary thereof. The docket numbers shall begin anew on January first of each year and shall be hyphenated with` the number of the year in .which the application is filed. Sec. 2. All cases docketed more than ten days next preceding a regular meet- ing day, and in which the ten-day notice requirement .has been com- plied with, shall be automatically set for hearing on the succedng regular meeting day. Cases docketed, within ten or less days of the regular meeting day shall be set for hearing on the second regular meeting day after docketing of the application. Sec. 3. Applications shall be heard in the order in which they appear on .the calendar, except that an application may be advanced for hearing by order of the Board upon good cause shown.. Where all applications cannot be disposed of on the day set, .the-Board may adjourn from day to day, or -until the next regular meeting, as it may order. Sec. ~I-. No notice other than that provided for in these rules will be given to applicants or others intersted in hearings by the Board. ARTICCE IV Hearings. Sec. 1. Hearings shall be held by the Board of Adjustment in the City Hall Building, cornea of University Boulevard and Auden Street, .in the City of West University Place, Texas.. Sec. 2 A quorum for hearing by the Board shall consist of four (4) members,` but a lesser. number may meet and adjourn a meeting. Sec. 3 Hearings shall be open to the public, but the Board may go into excutive session in arriving. at decisions. Sec. 4 The applicant may appear in his own behalf. or be represented by agent or attorney at said hearing. In the absence of any personal appearance on behalf of applicant, the. Board will proceed to dis- pose of the matter on the record before i~ or the Board may provide for a heaing at a future date, in which event it shall give verbal notice at the hearing, so that all present. will be on notice of the date set for future hearing. Sec. 5 At a hearing the. order shall be as follows: (a) Applicant's side of the case (b) Building Inspector's side. of the case (c) Interested property owner's side of the case (d) Applicant's rebuttal. ARTICLE V Final Disposition Sec. 1. In the final disposition of any application, the decision shall- 207-E Sec. 1. In the final disposition of any application, the decision shall affirm, modify or reverse the refusal of a permit by, or any order or decision of, the Building :Inspector. In case of an application for variation or special exception, the decision shall set forth that the application is decied or that it is franted with or with- out conditions, and said decision shall specifically set forth that the variations or special exceptions are permitted and what con ditions, if any, shall be combed with. Every application shall be disallowed,unless.the concurring vote_of fourmembers of the Board shall favor the appeal or application. The :vote of each member present on each .decision shall be recorded with the decision. Sec. 2. Any applicant may, in writing, withdraw his application at any time prior to its hearing by the Board of Adjustment. Sec. 3. If an application is granted by the Board, all permits necessary for the prosecution of the. work shall be obtained within ninety (90~ d~;ys and construction completed within six (6) months from the dat e of permission by the Board, unless extension of said time is granted by the Board: otherwise such 'permission shall be considered void. Sec. 4. The applicant and the Building .-Inspector will be notified on Form No. 3, of the decision of the Zoning Board of Adjustment. ARTICLE VI Rehearings Sec. 1. No rehearing of any decision by the Board. of Adjustment shall be; had exce~lc on motion by a member of the Board to reconsider the vote , made and acted on within ten days after its decision and carried by not less than four (4~ concurring .votes ... Sec.2. No motion for a rehearing shall be entertained except upon written request for rehearing, and then not unless new evidence is sub- witted which could not reasonably have. .been presented at the meeting I at which the hearing was originally had. Sec. 3. If a rehearing is granted, the case shall be put on the calendar for a rehearing and new notices issued in accordance with the notice provisions. of these rules. Sec.4 No additional application to the Board of Adjustment shall, be allowed unless there shall have been a substantial change in the circum- stances affecting such property since the prior decision on the same piece of property. ARTICLE VII Precedents Sec. 1. No action of the Board of Adjustment shall set a precedent. Each.. case shall be decided upon. its merits and upon the circumstances attendant thereto. 207-F ARTICLE VIII Officers Sec. 1. The Board shall elect a chairman and vice-chairman annually. at the regular meeting. in December.. Sec. 2. The Chairman shall preside at all meetings and hearings of the Board. In the event Qf the absence or disability of the Chairman, the Vice- Chairman shall preside. Sec. 3. The.Chairman, subject to these rules, shall decide all points of pro- `cedure unless otherwis?directed by a. majority of the Board in session at the time. See. 4 The Chairman may designate members of the Board to make personal. inspections ..when necessary .from time to .time and,~unless directed by a majority of the Board, shall appoint such .committees as may be found ~.ecessary. Sec. 5. The Chairman shall report at each meeting on all official transactions that have not otherwise come to the attention of the Bo ard. Sec. 6. The Chairman shall, subject to these rules and further instructions. from the. Board, transact the official business of the Board, super- vise the work. of the Secretary, request necessary. help, direct the work of all subordinates..-and exercise general disciplinary power. Sec. 7. The Secretary shall be such person as may be disignated by the City.. Manager. Sec. 8. .The Secretary, subject to the provisions of .the :Zoning Ordinance, these rules, and the direction of the .Board and the Chairman, shall conduct allcorrespondence of the Board; sendout all-notices re-. quired by these rules and the order. of the Board; shall attend all meetings of the Board and all hearings; shall scrutinize all appli- cations to see that these rules are complied with; shall keep the dockets and minutes of the Board's proceedings; shall compile all required records; shall maintain the necessary files and indexes generally supervise all ..clerical work of the Board. The Secretary sha 11, upon docketing. any application, notify on Form No. 2 any property owner or a~therperson required ,to be noti- Pied under the,prowisions of the Zoning Ordinance and State Ens~'r~ling Act, as .amended .from time to time. Upon the docketing of any application, the Building Inspector or his designated representative shall. make a personal inspection of the premises,:see that all. maps and plats are properly prepared, and be prepared to advise the Board on the physical conditions of the property affected by such application. The Building Inspector or his designated representative shall demand from the .applicant such additional information and data as may be [' 207-G required_to fully advise-the, Board with reference to the application, - whether.-such, information and data .is called for by ahe.-official forms or not. :Any failure. or refusal on the..part of the..applcant to fur- nish such additional information or data shall be grounds for the dis- missal of the application by the Board. ARTICLE IX Forms Sec. 1. The forms referred to in the above rules of procedure and made a part thereof are: (a) Form No. 1 Application to Zoning Board Adjustment (b) Form No. 2 Notice of Public Hearing or Application to Zoning Board of Adjustment (c) Form No. 3 Report to Building Ispector~Appellant the decision by action of the Board. ARTICLE X Docket and Minute Book Sec. 1. The Secretary shall be provided with a docket and minute book which shall be kept posted to date. The docket shall be a well-bound book in which. the Secretary shall enter the number of the application, the .name of the applicant, short description, by street number or otherwise, of the premises, the nature of the_applcation, and ahe final dispostion,.after the case has been disposed of. All con- tinuances, postponements, dates of sending notices, and other teps taken and acts done. shall_be noted on the docket. The Minute Book shall be a well-bound book in which shall be recorded the decision relating to each Dare acted on, together with the vote of each member of the Board, those absent being so marked, together with all other actions of the Board. ARTICLE XI Resolutions Sec, 1. Every resolution. not otherwise provided for shall .require a majority vote of the members. present at a legally constituted meeting. ARTICLE XII Advice Sec. 1. No informal requests for advice, or moot questions, will be con- sidered by the Board. Any advice, opinion, or .information given by any .Board member, of the Secretary, or .any other official-or ..employee of the City of G~Test Universty Place, shall not be binding on the Board. Because of the annoyance caused by individuals 207-H Sec. 1. Sec. 1. appealingpersonally to members. of the.. Board, it is declared to be the policy of the Board to deprecate any such personal appeals. ARTICLE XIII Order of Business at Regular Meetings The orderof business at all regular meetings of the Board shall be as follows: (a) -Roll Call (b) Consideration;of Minutes of previous. meeting. (c) Communications (d) ..Report of Committees (e) Unfinished Business (f) New business.. ARTICEL XIV Amendments These .rules may be amended. or modified by an affirmative vote of not less than four (~+) members of the Boards, provided that such amendment be presented in writing at a regularmeeting and action taken thereon at a subsequent regular meeting. 1 ~L 2'~ 7 Motion by Mr. Lott, seconded by Mr. Hilton, that the Zoning and Planning Commission recommend the. passage of.the proposed amendment to the zoning ordinance number 111, to the City Commission, giving. the Zoning Board of Adjustment the power to adopt Rules of Procedure and to make amendments thereto. Voting Aye: All Doting Na: None With no further business to come before the Zoning a d Planning Commission. at this time, upon motion duly made, seconded and c tried, the meeting was adjourned. ~-"+' ~, ,airman ATTEST: Secretary