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HomeMy WebLinkAbout09/19/2000 - Regular Minutes - Zoning Board of Adjustments>woxxsr~oP MINUTES • Zoning Board of Adjustment Septen~er 19, 2000 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Bond, Lewis, Shelly, Richards, Hill, Alternate Members Corely, Goss & Birdwell. MEMBERS ABSENT: Dr. Toni Hynds. STAFF PRESENT: Senior Planner Kuenzel, Staff Assistant Grace, Staff Planner Laauwe, City Attorney Cargill, Staff Planner Tmunerson, Staff Planner Hitchcock ~ Development Coordinator Ruiz. AGENDA ITEM NO. 1: Introduction -Necessity of a Zoning Board of Adjustment. Ms. Laauwe supplied handouts and discussed the necessities and functions of the Board. Mr. Goss questioned if the decisions that the Board makes, do they become some kind of a precedent. • Mr. Cargill replied that can be yes and no. Mr. Cargill stated that each case is factually determined and each one is decided on its own merits and maybe decided differently. Mr. Cargill cautioned the Board if they set a pattern of granting a lot of variances and then someone comes in, i.e. a woman or minority asking for a variance, the pattern is set for them to use in their favor. Ms. Kuenzel told the Board that it is noted in the staff reports about any similar requests. Mr. Goss asked if there is no distinction factually, and the city is sued, would the judge be obligated to say `gook that is exactly the same and therefore you can not do it differently", or would he not be obligated to do that. Mr. Cargill gave the following outline: Board denies or grants variance In 10 days the law suit has to be filed The lawsuit is usually filed against the ZBA. The suit can be filed against the entire Board or individually. The City Council is usually also sued. It is the City's policy to defend its Board's, Officer's and Official's. Once the lawsuit is filed, a cert needs to be requested and issued from either the County Court at Law or the District Court. A cert is a procedure where the Court orders the records from the ZBA sent to them. The standard for review for a cert case is even heavier then what a substantial evidence case is. If no reasonable person could have found what the Board had decided, it can `be reversed by which ever judge is presiding aver the case. Mr. Cargill told the Board that it is very rare that a case be reversed. Mr. Cargill ended by telling the • Board that he has been through this several times when he worked for the City of Abilene and they never lost a lawsuit. It is very though to get one reversed. ZB.9 Mrntutes September 19, 2000 Page 1 of 3 AGENDA ITEM Nd. Z: Overview -Zoning Ordinance. Ms. Laauwe made her presentation base on handouts given to the Board Members. Ms. Laauwe told the Board that the Board might decide that in some areas, the Zoning Ordinance should be less restrictive. In this case the Planning and Zoning Commission should be instructed to consider an amendmem to the Ordinance. Ms. Kuenzel told the Board of an example that happened several years ago. The City had received several variance requests within the same area concerning properties where there are 3-plexes and duplexes. These properties have rear allies adjacent to them and there is an additional rear setback in addition to the rear property line. It is off the edge of the access easement. The Berard felt that meant you could not pull off of the alley into the carport. The Zoning Board felt that there were no special conditions on the properties. However, the Board did direct Staff to take that as a question to the Planning & Zoning Commission to see if there would be any interest in changing the ordinance to be less restrictive in this type situation. The Planning & Zoning Commission did not feel that this was an area that they wanted to change in the ordinance. Mr. Richards spoke about the Consultant the City hired to review the Zoning Ordinance. Ms. Kuenzel explained that the Consultant is developing a unified development code that would coordinate all the • city's development regulations into one ordinance. This will get rid of any inconsistencies and conflicts in the ordinance. Mr. Hill made the comment that there have been some cases that have come before the Board that the only reason they were granted was out of sympathy. There have been some that he felt were inappropriately granted on that basis alone. Mr. Hill ended by saying that he was never comfortable with those cases and he felt there have been some inconsistencies. Ms. Kuenzei replied that she feels that is why she thinks the ZBA has a harder time, more than Planning & Zoning and City Council, because the Board deals with people who have not been to any kind of a city process. And in some cases they simply want to add an to their home. Ms. Kuenzel told the Board that city staff does try to discourage cases that they personally do not see anything that the ZBA can find a reason to grant a variance for. It is the applicant's right to proceed and staff tries to help if they think they have a case ar not. Mr. Goss stated that he would like to know if staff is for or against a case to help determine what direction to go in. Ms. Laauwe replied that they do not give a staff recommendation to ZBA. Staff is always going to want the ordinance upheld. Ms. Laauwe told the Board that they could decipher from the presentation given if there are special conditions or hardships. Mr. Richards stated that city staff does not make decisions for Planning & Zoning cases but city staff does make a recommendation. Ms. Laauwe replied that Rules & Procedures state that the Board is afact-finding body and to grant the variances it must determine the existence of special conditions that create an undue hardship for the applicant. Mr. Richards asked does Planning ~ Zoning not need to find them too. Ms. Laauwe replied • that they do not. Mr. Cargill told the Board that that is a policy decision and if the Board wants to ask staff to make recommendations they could. ZBA Minutes September 19, 2DOU Page 2 of 3 AGENDA ITEM N0.3: Special exceptions vs. variances. Ms. Laauwe told the Board that they would not discuss "Special Exceptions" until the ordinance change • that is being worked on is complete. AGENDA ITEM N0.4: Appeals/Interpretations Ms. Kuenzel told the Board that it is very rare for the Board to deal with appeals. City Staff deals with making interpretations of the Zoning Ordinance on a daily basis. There were discussions about various cases that came before the Board. Mr. Birdwell stated that several years ago there were discussions concerning minor variations (i.e. 108 parking spaces required but could only fit 106). Was the ordinance changed to allow city staff to resolve those type problems. Ms. Kuenzel replied that at that time there was someone from Legal that worked with the ZBA. The research with the statues and existing ordinances proved not to allow it. Mr. Cargill told the Board that in the rewrite of the ordinance they are going to be looking at things like this and City Council will decide if they want to consider it or not. A~~ENDA ITEM NO. S: Limitations on powers of the Board. Mr. Cargill told the Board that they are now Public Officers of the City of College Station. The ZBA is the final authority on variances. Any decision made by the Board can be appealed to District Court or • County Court at Law. Mr. Cargill explained that serving on this Board you have the ability and responsibility of saying no. Mr. Cargill ended by telling the Board that the City Charter, the City Attorney and Assistant City Attorney are legal advisors and attorneys for the Board. Mr. Cargill encouraged the members if they have airy questions to call before the meetings. Mr. Cargill handed out and discussed Guide # 1-Open Meetings and Conflict Provisions. AGENDA ITEM. N0.6: Adjourn. The meeting was adjourned. ATTEST: ~-~feborah Grace, Sta. Assistant ZBA Minutes September 19, 20D0 Page 3 of 3 •