HomeMy WebLinkAbout04/17/1979 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
ZONING BOARD OF ADJUSTMENT
April 17, 1979
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MEMBERS PRESENT: W W. Harper, Ann Jones, Dorothy DuBois,
Larry Ringer, Pat Boughton, Chris Mathewson,
E. Murl Bailey.
VISITORS PRESENT: Building Official Koehler, City Attorney Lewis,
City Planner Mayo, Asst. Planner Calloway,
Asst. Planner Longley, Captain Joe McNabb.
Ringer assumed the Chair. Lewis administered the oath of office to all
members present. Harper assumed the Chair.
Agenda Item Number 1 -- Approval of the minutes of the meeting of
March 20, 1979:
The Board consented to solicit the approval of former members present
on March 20, 1979 and to defer approval to the next regular meeting.
Koehler outlined the functions of the Board set out in Section 11
of the Zoning Ordinance and the constraints imposed by the ordinance
in variance cases. He discussed policies adopted by the Board
dealing with notification of interested parties, positive motions
made by the Chairman and attendance of applicants or their repre-
sentatives.
Lewis discussed the following points:
The Board derives its powers from the Zoning Ordinance as authorized
by statutes permitting powers of cities in Zoning.
The Board exercises judicial functions with respect to zoning as
opposed to legislative or enforcement functions assigned to the
Council, Planning Comm_i.ssion and Building Official.
Zoning Ordinances are necessarily broad in scope, and the Board
exists and has the flexibility to pursue justice and equity within
the spirit and intent of the ordinance.
The Board may adopt its own rules and procedures.
The Board's deliberations are subject to the Open Meetings Law.
Accurate Minutes are required and should reflect the reasons for
actions taken.
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Minutes ~ Page 2
The Board is free to defer decisions or to table items when reasonable
and desirable to do so.
Board members are not personally liable for their good faith acts
or decisions in the absence of malice or obvious conflicting
interests.
Enabling statutes allow broader scope to the Board's discretion than does
our ordinance; this could be changed by ordinance amendment if the
need arises.
He briefly discussed the considerations and necessary findings in
variance cases, appeals and boundary determinations. He added
that the theory of restriction of non-conformities is that prolongation
of their useful lines is to be discouraged beyond re asonable use of
the property.
Agenda Item Number 2 -- Consideration of a request for expansion of a
non-conforming structure at 1303 Au.~ustine Court:
Koehler explained that the applicant had been unexpectedly called
out of tom and had no one capable of representing his interests.
The Board consented to delay hearing the case until the next regular
meeting.
Agenda Item Number 3 -- Other Business:
Matthewson reported that the ordinance amendment concerning
signs and affecting the A. R. C°, tract was under active considerations
by the Planning Commission and Council. Harper remarked that the
matter seemed to be progressing satisfactorily and directed that
reconsideration of the A. R. C. case be placed on the next Board
agenda and that the applicant be notified.
Harper asked the BoardTS opinion on election of a vice-chairman
or other officers. The Board concurred that an acting chairman
could be designated by the Chairman or selected by the Board at such
times as the Cha~~An could not serve.
Agenda Item Number L~ -- Ad:i ourn:
Matthewson moved that the meeting be adjourned. The motion
was seconded by Bailey and unanimously approved.
(Lewis administered the oath of office to DuBois at the conclusion
of the meeting.)