Loading...
05.12.1988 ZBA Minitues MINUTES OF SPECIAL MEETING ZONING BOARD OF ADJUSTMENTS TROPHY CLUB, TEXAS STATE OF TEXAS ) COUNTY OF DENTON ) The Zoning Board of Adjustments for the Town of Trophy Club met in Special Session on Thursday, May 12th, 1988 at 7:00 P.M. The meeting was held at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas. The meeting was held within the Town boundaries and was open to the Public. Gene Hill Chairman John Arnott Acting Chairman Julia Luellen Member Pete Reincke Member George Danforth Alternate Woody Miller Alternate Absent were Alternate Members Diane Prator and George Knowles and Member Rick Gilliland. CALL TO ORDER Chairman Gene Hill called the meeting to order at 7:05 P.M. ROLL CALL AND DECLARATION OF QUORUM Chairman Gene Hill held roll call (see above) and noted that a quorum was present. CONSIDERATION OF MINUTES - MAY 2ND, 1988 SPECIAL MEETING Member Reincke made a motion to approve the Minutes as written. Member Luellen seconded the motion. Motion carried unanimously. BOARD TO REVIEW AND CONSIDER ADOPTION OF RULES OF PROCEDURE Chairman Hill made a motion to adopt Rules of Procedure with the following amendments: Article II Section 4 Page 2 The Secretary, or the Secretary's Designee ( together the "Secretary" `), shall record and maintain permanent minutes etc. . . . Article V Section 5 Page 5 Upon receipt of the properly filed appeal application and payment of filing fee, the Secretary of the Board, or his designee, shall assign etc. . . . Article VII Section 1 Page 7 Rules of Procedure - typing error Member Danforth seconded the motion. Motion carried unanimously. CONTINUATION OF MINUTES - MAY 12TH, 1988 PAGE 2 APPOINTMENT OF OFFICERS: CHAIRMAN ACTING CHAIRMAN SECRETARY SECRETARIES DESIGNEE Nominations for Chairman: Gene Hill. Member Luellen made a motion to close nominations. Member Arnott seconded the motion. Motion carried unanimously. Members present voted unanimously to have Gene Hill serve as Chairman of the Zoning Board of Adjustments. Nominations for Acting Chairman: John Arnott. Chairman Hill made a motion to close nominations. Member Luellen seconded the motion. Motion carried unanimously. Members present voted unanimously to have John Arnott serve as Acting Chairman of the Zoning Board of Adjustments. Nominations for Secretary: Rick Gilliland. Member Luellen made a motion to close nominations. Member Arnott seconded the motion. Motion carried unanimously. Members present voted unanimously to have Rick Gilliland serve as Secretary of the Zoning Board of Adjustments. Nominations for Secretaries Designee: Jill Fiasconaro. Chairman Hill made a motion to close nominations. Member Danforth seconded the motion. Motion carried unanimously. Members present voted unanimously to have Jill Fiasconaro serve as Secretaries Designee of the Zoning Board of Adjustments. DESIGNATION OF SEATING OF ALTERNATES Alternate Members will serve on a rotation basis. All alternates names were placed in an envelope and Town Attorney drew for seating positions. Positions were drawn: as follows: George Danforth - 1st position Diane Prator- 2nd position Woody Miller- -3rd position George Knowles- 4th position If an alternate hears a case before the Board and the case is continued, the alternatE will remain seated on the Board until the case is closed. NEW BUSINESS - APPLICATION Member Danforth made a motion to approve the application form prepared by John Hill, Town Attorney, with the following amendments: Place(Case No. or Filing No. )on the top or bottom of each page. Place Section II on the 3rd page of the document. Place(Continuance )on page 4. Member Arnott seconded the motion. Motion carried unanimously. CONTINUATION OF MINUTES - MAY 12TH, 1988 PAGE 3 ADJOURN Member Luellen made a motion to adjourn the meeting. Member Arnott seconded the motion. Motion carried unanimously. an 21) C:97-10L-Vit ecretar`yl RULES OF PROCEDURE OF THE BOARD OF ADJUSTMENT OF THE TOWN OF TROPHY CLUB, TEXAS As Adopted MAY 12TH,1988 ARTICLE I . GENERAL PROVISIONS. Section 1: These rules are supplementary to the provisions of the zoning ordinance of the Town of Trophy Club, Texas, as they relate to procedures of the Board of Adjustment . Section 2 : Any member who has any interest in a matter before the Board as that term is defined under the conflict of interest statutes of the State of Texas, including Chapter 171 of the Local Government Code, or any other applicable law shall not vote thereon at any meeting, or hearing at which said matter is under consideration and shall take or refrain from taking any other action required by applicable laws . Section 3 : Members of the Board of Adjustment shall base their consideration of matters on which the Board conducts a public hearing upon the following information and evidence: (a) Testimony, exhibits, and argument presented at the hearing, and not upon direct or indirect communication with any party or representative of such party made outside of the hearing; (b) Reports, memoranda and other materials prepared by the Director of Public Works, the Zoning Administrator, or other employees of the Town of Trophy Club in connection with the application and made a part of the record at the time of hearing; and (c) Inspections of the site. Inspections of the site by the Board at which Town staff and/or the applicant, or their respective representatives, are to be present require notice to the Town staff and the applicant of the date, time and location of the inspection to be given. Notice shall be sufficient upon deposit of same in the U. S. Mail properly addressed and postage prepaid not less than seven (7) days prior to the inspection. 0 2 2 5 L Section 4 : Nothing herein shall be construed to give or grant to the Board the power or authority to alter or change the zoning ordinance, including the zoning map, which authority is reserved to the governing body. Section 5 : The Town Attorney shall be consulted in cases where the powers of the Board are not clearly defined. Section 6 : The office of the Board shall be located at 100 Municipal Drive, Trophy Club, Texas . ARTICLE II . OFFICERS AND DUTIES. Section 1: The officers shall be a Chairman, an Acting Chairman, and a Secretary, all of whom shall be selected by the Board from among its regular members . Section 2 : The Chairman shall supervise the affairs of the Board of Adjustment . He shall preside at all meetings of the Board, shall appoint such committees and subcommittees as may be necessary to carry out the purposes of the Board, and shall provide for the oath to be administered to all witnesses in cases before the Board. The Chairman shall be an ex officio member of all committees and subcommittees so appointed. Section 3 : The Acting Chairman, in the absence or disability - of the Chairman, shall perform all the duties and exercise all the powers of the Chairman. Section 4 : The Secretary, or the Secretary' s designee (together, the "Secretary") , shall record and maintain permanent minutes of the Board ' s proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact; shall keep records of its examinations and other official actions; shall provide for the keeping and transcription of stenographic transcripts of all hearings when required by these rules; shall record the names and addresses of all persons appearing before the Board; shall , subject to the approval of the Board, conduct the correspondence of the Board and have published in a local newspaper public notices of meetings or hearings as required by law and these rules of procedures; shall file said minutes and records in the office of the Board, which minutes and records shall be a public record. The Secretary shall be the custodian of the files of the Board and keep all records . 0 2 2 5 L -2- ARTICLE III . MEETINGS. Section 1: Regular meetings shall be held on the first Wednesday of each month at 7 : 00 p.m. , in the Board Room at 100 Municipal Drive, Trophy Club, Texas unless such day shall be a recognized holiday. In that event, the regular meeting shall be held on the second Wednesday of that month, or at such other time as the Chairman may designate. Section 2 : Regular meetings may be cancelled by the Chairman when there are no cases pending . Notification must be given to members , however, not less than 24 hours prior to the time set for such meetings . Section 3 : Special meetings may be called by the Chairman at his discretion, or upon the request of two (2) or more members, provided that 72 hours notice is given each member. Section 4 : All meetings shall be open to the public. Section 5 : A quorum shall consist of four (4) regular or alternate members for any regular or special meeting, and is required for any decision, determination, or official action by the Board. Section 6 : A quorum of the Board shall be present at all public hearings and for the transaction of any business . ARTICLE IV. ORDER OF BUSINESS. Section 1 : All meetings of the Board shall proceed on the following agenda : (a) Roll call and declaration of quorum. (b) Reading and approval of minutes of previous meeting . (c) Communications . (d) Consideration of draft findings from prior meetings . (e) Reports of committees . (f) Call of cases on agenda and hearing of requests for continuance . 0 2 2 5 L -3- Continuances . Continuances may be granted at the discretion of the Board in any case for good cause shown and to any interested party who has entered his appearance as follows : (1) New Cases -- first time on agenda : Continuances may be granted upon request . (2) Continued cases : All cases which have previously appeared on the agenda of the Board constitute continued cases . A request for a further continuance will be considered upon application therefor by the party or his representative at the time the case is called, and upon showing : (a) that he has given reasonable notice in writing to all persons who have filed an appearance in the matter, and (b) that for good cause he will be unable to proceed with his evidence at this hearing . Failure of Applicant to Appear . (1) The Chairman may entertain a motion from the Board to dismiss a case for want of prosecution if the Applicant or his representative fails to appear . (2) In cases which are dismissed for want of prosecution, the applicant will be furnished written notice of that action by the Secretary of the Board. (3) The applicant shall have ten (10) days from the date of notice of dismissal to apply for reinstatement of the case. In such cases, applicant must file a written request with the Secretary for reinstate- ment . Reinstatement shall be at the discretion of the Board for good cause shown, and upon payment of an additional fee of $100 dollars . (4) In all cases reinstated in the above described manner, the case will be docketed and readvertised in the usual manner prescribed for new cases . 0 2 2 5 L -4- (5) If no application for reinstatement is properly and timely received, the ruling of the Board shall become final . (g) Public hearings for cases on agenda . (h) Unfinished business . (i) New business . (j ) Adjournment . ARTICLE V. PROCEDURES ON APPEALS. Section 1: Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, depart- ment, board or bureau of the Town, affected by any decision of the Building Inspector or other administrative officer of the Town relative to the Zoning Ordinance. Section 2 : All appeals shall be taken within fifteen (15) days after the date the decision of the Building Inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof . Section 3 : The officer from whom the appeal is taken shall forthwith transmit to the Secretary of the Board all papers constituting the record from which the appeal was taken. Section 4 : The applicant shall provide all the information required on the appeal application form as well as any additional information that may be required by the Board to aid it in reaching a decision. Section 5 : Upon receipt of the properly filed appeal application form and payment of the filing fee, the Secretary of the Board, or his designee, shall assign a case number and place it on the calendar of the Board for hearing at the next regular meeting of the Board after the expiration of the notice period specified in these Rules . Applications for appeals shall be assigned for hearing in the order in which they are received. An appeal may be filed with an accompanying application for a variance or special exception. 0 2 2 5 L -5- Section 6 : The filing of an appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order granted by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown. ARTICLE VI . PROCEDURES ON VARIANCES, SPECIAL EXCEPTIONS, AND VESTED RIGHTS DETERMINATIONS. Section 1: A request for a variance, special exception, or vested rights determination shall be considered only upon the filing of an application and payment of the filing fee with the Zoning Administrator on behalf of the Board of Adjustment . Section 2 : The applicant shall provide all the information required on the application as well as any additional information that may be required by the Board to aid it in reaching a decision. Section 3 : The applicant shall pay such fee as may be established by the Town Council which amount shall be deposited with the Zoning Administrator for each application filed. Section 4 : Upon receipt of the properly filed application and proof of receipt of fee, the Secretary of the Board, or his designee, shall assign a case number to the application and place it on the calendar of the Board for a public hearing at the next regular meeting of the Board after the expiration of the notice period specified in these Rules . Applica- tions for variances, special exceptions, and vested rights determinations shall be assigned for hearing in the order in which they are received. An application for a variance or special exception may accompany a request for an appeal . Section 5 : Each application shall be accompanied by a list of the persons whom the applicant expects will testify at the public hearing on the application and a brief statement of the matters that the applicant anticipates will be covered in the testimony of each person. 0 2 2 5 L -6- Section 6 : Not less than ten (10) days prior to the public hearing, the applicant shall file with the Zoning Administrator fifteen (15) copies of all reports, memoranda and exhibits that the applicant expects to present at the public hearing. In the case of large exhibits , photographic reductions not less than eight inches by ten inches in size may be filed in lieu of the original exhibits . Section 7: The failure of the applicant to comply with the requirements of Sections 5 and 6 of this article VI will result in an automatic continuance of the case. ARTICLE VII . NOTICES OF HEARINGS. Section 1 : The Secretary of the Board, or his designee, shall give due notice of the place and time for hearing of the appeal application, request for variance, special exception or vested rights determination, to the parties concerned by U. S. mail, properly addressed and postage prepaid, not less than fifteen (15) days prior to the hearing . Such notice shall state the name and address of the applicant, the name and address of the owner of the property, the location of the property, a brief statement of the nature of the appeal or application, and a statement that the Rules of Procedure pertaining to the hearing may be reviewed during normal business hours at the office of the Board, 100 Municipal Drive, Trophy Club, Texas . Such notice shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property which is the subject of the hearing and who have rendered their said property for Town taxes as the ownership appears on the last Town tax roll . The number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in determining the 200 foot requirement . Section 2 : The Secretary of the Board, or his designee, shall also provide for a public notice of all hearings to be published at least once in the official publication of the Town of Trophy Club not less than fifteen (15) days before the hearing . The notice shall state the place of the hearing, the location of the property for which the appeal, or request for variance, special exception, or vested rights determination has been filed, as well as the statement of the nature of the application. The 0 2 2 5 L -7- notice shall state the size of the parcel involved, its legal description, and the street address or its location by distances from the nearest major street or road intersection so that the property can be easily identified. ARTICLE VIII . PROCEDURES ON HEARINGS. Section 1: At the time of the hearing, the applicant may appear in his own behalf or be represented by his counsel or an agent . Section 2 : In the event that objectors retain counsel to represent them at a hearing before the Board, then such counsel shall notify the applicant, or his agent or attorney, and the Secretary of the Board, that he has been so retained and will be present to object . Such notice shall be delivered to the offices of the Board and to the appellant or applicant, or his agent or attorney, at least five (5) days prior to the scheduled hearing date. If such notice is not given by counsel retained by the objectors, then the applicant, or his agent or attorney, shall have the option of postponing the hearing to the next regular meeting of the Board. Not less than five (5) days prior to the hearing, objectors shall file with the Zoning Administrator fifteen (15) copies of all reports, memoranda and exhibits that such objectors expect to present at the hearing. In the case of large exhibits, photographic reductions not less than eight inches by ten inches in size may be filed in lieu of the original exhibits . Section 3 : All testimony at any public hearing shall be under oath, or by affirmation, administered by the Chairman. Section 4 : A stenographic transcript of the public hearing and the deliberations of the Board on vested rights applications shall be kept . In other cases, upon written request of the Town staff, the applicant or the Board of Adjustment, filed with the Secretary of the Board at least five (5) days prior to the public hearing, a stenographic transcript of the public hearing and the deliberations of the Board shall be kept . The cost of providing a stenographer shall be borne by the party making the request . The cost of receiving a copy of the transcript shall be borne by the party requesting the copy. 0 2 2 5 L -8- Section 5 : The applicant or his representative may make an initial statement outlining the nature of his request prior to introducing evidence. Section 6 : Any person who has an interest in the subject matter of the hearing shall be afforded an opportunity to present evidence, exhibits, and argument, and to question through the Chairman of the Board of Adjustment witnesses on all relevant issues , subject to the Chairman' s imposition of reasonable limitations on the number of witnesses , and the nature and length of testimony and questioning . Section 7 : Evidence shall be presented in the following order: (a) Town staff presents evidence, including staff report . (b) Applicant presents evidence, including an initial statement if desired. (c) Objectors present evidence, including initial statement if desired. (d) Town staff may question applicant ' s and objector ' s witnesses . (e) Applicant may question Town staff ' s and objector ' s witnesses . (f) Objectors may question Town staff ' s and applicant ' s witnesses . (g) Rebuttal by Town staff . (h) Rebuttal by applicant . (i) Rebuttal by objectors . At any time during the public hearings, Board members may question Town staff, applicant ' s, and objector ' s witnesses . Section 8 : The Board shall not be bound by the strict rules of evidence, but it may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or evidence, or any evidence that does not comply with these rules . 0 2 2 5 L -9- - _ r.cY - c i?i1A:- t- - • • v _ -Yr C - •fLfr.. - i = --o Section 9 : An applicant or objector, or his agent or attorney, may submit a list of the persons favoring or opposing the application. Such list will be accepted as an exhibit if it contains nothing more than a brief statement of the position of the persons favoring or opposing the appeal or application, together with the signatures and addresses of the persons subscribing to such statement. Section 10 : The Chairman shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the Board. ARTICLE IX. DECISIONS. Section 1: Final decisions shall be made by the Board within thirty (30) days from the date of the hearing . Section 2 : The Board may conduct its deliberations and vote on all matters in public session at the meeting in which evidence is concluded, unless the Board considers additional time for deliberation necessary. The Board may direct the Zoning Administrator to prepare draft findings of fact and conclusions reflecting the tentative findings and conclusions reached by the Board as a result of its deliberations . Such draft findings of fact and conclusions shall be made available to the applicant, objectors and all other interested persons at least seven (7) days before the meeting of the Board at which they are considered and action is taken with respect to the draft findings and conclusions . Upon presentation to, and consideration by the Board, said draft findings and conclusions may be amended by a motion duly made, seconded and approved by the Board. Section 3 : A concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, Building Inspector, or other administrative officer, or to grant any variance, special exception, or vested rights determination. Section 4 : All deliberations of the Board shall be conducted, and all of its decisions shall be made, at a meeting that is open to the public. Section 5 : All decisions of the Board shall be made at a public meeting on a motion duly made and seconded, and by the Chairman polling the membership by a 0 2 2 5 L -10- .. _c _:3;10 _ -.• D r '. _ 7cn:. ') - t r ' - ....._ . Yr lam. _ - - C roll call vote. The motion which decides the issue on any matter before the Board shall be to adopt the written findings of fact and conclusions stating the reasons for the determination by the Board as submitted or as submitted and amended. If conditions are imposed in the granting of a variance or special exception such conditions shall be set out in the findings and conclusions . Section 6 : The transcript of the hearing shall be acknow- ledged as to accuracy by the Chairman and the Secretary and shall be a part of the public record of the Board. Section 7 : Notice of the decision and a copy of the findings and conclusions adopted by the Board shall be given to the applicant, the Zoning Administrator, and other interested parties as soon as possible after the decision is reached. ARTICLE X. RECORDS. Section 1: A file of materials and decisions relating to each case shall be kept by the Secretary as part of the records of the Board. Section 2 : All records of the Board shall be a public record. ARTICLE XI . AMENDMENT OF RULES. Section 1: These rules may be amended by a resolution adopted by an affirmative majority vote of the members of the Board. Section 2 . The proposed amendment must be presented in writing at a regular or special meeting preceding the meeting at which the vote is taken. The foregoing rules and regulations are hereby adopted by the Board of Adjustment of the Town of Trophy Club, Texas, on the12TH day of MAY , 1988 . AYES: UNANIMOUSLY NAYS: NONE Chairman Attes : • 2 2 5 L -11-