HomeMy WebLinkAboutMinutes_ZBA_04.17.2007Zoning Board of Adjustment Minutes April 17, 2007 Page 1 of 2
City of Georgetown
Zoning Board of Adjustment Meeting
Minutes
April 17, 2007, at 6:00 p.m.
City Council Chambers
101 E. 7th Street, Georgetown, Texas 78626
Members present: William Moore, Chair; Steve Lampinstein, Patrick Lawson, Dale Ross, and Earl
Watson,
Staff present: Bobby Ray, Planning Director; Trish Carls, City Attorney; and Karen Frost, Recording
Secretary.
This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board,
appointed by the Mayor and the City Council, acts on requests for variances, interpretations and
special exceptions under the Georgetown Zoning Ordinance.
Order of Hearing Process:
Staff makes a presentation of the project to the Board;
The applicant is provided an opportunity to present their project to the Board;
The Board asks questions of both Staff and the applicant;
*The Public Hearing is open, and both proponents and opponents are allowed to speak;
The Public Hearing is closed and the Board deliberates on the merits of the case; and,
The Board generates findings to support their decision, a motion is made and seconded, and
a vote is taken on the motion presented.
Variance approvals require an affirmative vote of 4 members of the Board.
* Those who speak please identify yourselves for the meeting record.
Regular Session - To begin no earlier than 6:00 p.m.
Chair Moore called the meeting to order at 6:15 p.m.
(The Board may, at any time, recess the Regular Session to convene an Executive Session at the
request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by
the Open Meetings Act, Texas Government Code Chapter 551.)
1. Action from Executive Session. No Executive Session.
2. Consideration and possible action on the Minutes of the regular Board of Adjustment meeting
of the February 20, 2007 meeting.
Motion by Lampinstein to approve the minutes. Second by Ross. Approved 5-0.
3. Training Session with City Attorney.
City Attorney Trish Carls presented a workshop on the role of the Zoning Board of Adjustment
in local government and under the UDC, and its relationship to the City Council and Planning &
Zoning Commission. She discussed variances and the standards required for granting
variances, including unnecessary hardships, evidence required and practical considerations. She
Zoning Board of Adjustment Minutes April 17, 2007 Page 2 of 2
explained appeals of an administrative decision and then moved into board membership,
quorum requirements of the board and voting requirements.
4. Review and Approval of proposed amendments to the approved by-laws for the Zoning Board
of Adjustment.
Bobby Ray presented the proposed revisions to the Board’s bylaws, per the City Manager’s
direction. The City Council voted to eliminate the use of alternate members (Section 2.8) and to
establish term limits for board members (Section 3.3 existing). The revised bylaw proposal
reflects those changes.
Chair Moore made recommendations of further changes. He wanted to eliminate the last
sentence of Section 4.8: “In the absence of both (Chair and Vice-Chair), the meeting of the shall
be called to order by the Secretary, and a temporary chair shall be elected to preside over the
meeting.” He pointed out that if one person was not there, the Chair, the Vice-Chair would have
to serve as Chair. If both were absent, a quorum would not be met (only 3 of 5) and the meeting
would not be held.
Moore suggested adding “at least one member and not more than two” of the Board shall be an
active member of the City of Georgetown’s Planning and Zoning Commission, in Section 2.2 of
the Bylaws.
Moore suggested editing Section 4.4 on Attendance. Adding an attendance policy and striking
excused absences as indicated: Board members are required to attend 75% of the Board meetings
based on excused absences and attend 67% of the meetings considering the total absences.
Excused absences shall be determined by the Board Chair. Attendance shall be reported to the
Mayor in June and January quarterly of each year and excessive absenteeism will be subject to
action under Council policy.
Motion by Moore to approve the proposed bylaws of the Zoning Board of Adjustment with the
corrections as are required by the City Council and with the proposed amendments as suggested
in this meeting. Second by Lawson. Approved 5 – 0.
5. Comments from Staff. No comments were made by staff.
6. Comments from Board Members. Moore stated he would like a comment sent to City Council
that by eliminating the alternates from serving on the Board, a hardship is created for the board
when a member is absent and / or a conflict of interest causes a member to not be able to vote on
an item. It forces a full majority vote (4 of 4) or it creates a need for another meeting since 3 of 5
is not enough members to consider or conduct an action. Ray said he would forward the
message.
Motion to adjourn by Ross. Second by Lampinstein. Meeting was adjourned at 7:48.
__________________________________ _______________________________
Approved, Will Moore, Chair Attest, Earl Watson, Secretary