HomeMy WebLinkAbout09/21/1981 BOAMINUTES OF THE BOARD OF ADJUSTMENTS AND
APPEALS OF THE
CITY OF THE COLONY HELD ON
SEPTEMBER 21, 1981
AN ORGANIZATIONAL MEETING of the Board of Adjustments and Appeals was
called to order at 7:30 p.m. with the following members present:
Jack Finley
Michael Leddy
Don Lusk
and with Member Roosevelt Johnson not in attendance due to business;
however, a quorum was established.
1. DISCUSSION OF DUTIES OF THE BOARD
3. DISCUSSION OF STAFF'S RESPONSIBILITIES REGARDING APPEALS
TO THIS BOARD
Robert Dillard, Attorney for the City reviewed for the Board their
responsibilities and duties as outlined by Article 1011g VACS and by
City Ordinance #61, Section 21. He did recommend that the Council
consider appointing four alternates as each case must be approved
by four votes. He advised them that they were a "hardship" board
that would be called to meet only when the Building Official has
determined that a situation is in violation of the Zoning Ordinance
or City Codes. The person then has fifteen days to appeal this decision
to the Board. It is then the Secretary's duty to set a hearing date,
publish and mail notices and post the meeting date as outlined in Section
21. He did assure the Board that their decision on such matters is
final and cannot be overturned by the Council, but must be appealed to
a district court within 10 days. An appeal does stay all proceedings,
such as building by the owner or ticketing by the city. This Board
is the only board that can legally grant a "variance" to a city ordi-
nance when a property hardship exists. He did caution the Board not
to grant a variance that is different than what is requested.
Mr. Savage asked that Mr. Dillard review for them the Texas Open Meetings
Act. Mr. Dillard did advise them not to meet in a quorum (three or more)
unless the meeting was posted 72 hours prior to the date and time of
said meeting. Regarding the actual format of the meeting, he said that
a staff briefing could be posted and held prior to the Public Hearing
to update them on the case. The Public Hearing must be opened by a
motion and vote of the Board, then the chairman reads the case aloud
and swears in the participants. Generally, the City presents the points
in favor of denial; and secondly the citizen or company presents the
points in favor of a variance. If the Board needs more input they do have
the option of continuing the hearing or closing the hearing and setting
another meeting date to continue their deliberation.
Mr. Dillard did emphasize that the Board was under no personal liability
and could be sued only in their official capacity.
2. DISCUSSION OF RULES OF PROCEDURE
The Board did discuss general procedures and agreed that written Rules
of Procedure should be adopted at the next meeting. Mr. Finley recom-
mended a thirty day notice before all hearings. Mr. Dillard recommended
the hearing be taped, particularly if there is opposition. The Board
did concur that the second Wednesday of every month would be their regular
meeting date, and that a meeting would be held at City Hall on October 14,
1981 at 7:30 p.m.
There being no further discussion, the meeting was adjourned at 9:45 p.m.
�MNZC CARROLL, CITY SECRETARY
G.,
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