Item Coversheet


City Council Agenda Request
October 20, 2020


AGENDA REQUEST NO: VII.E.

AGENDA OF: City Council Meeting

INITIATED BY:

Cindy Dees, Director of Public Affairs and Carrie Paxton-Lamke, Community Engagement Manager


PRESENTED BY: Joe Zimmerman, Mayor

RESPONSIBLE DEPARTMENT: Communications & Community Engagement

AGENDA CAPTION:

Consideration of and action on the appointment of two members, promotion of one alternate to member, and appointment of one alternate member for terms expiring September 30, 2022; appointment of one alternate member for an unexpired term ending September 30, 2021; and appointment of a Chair and Vice Chair, to the Zoning Board of Adjustment

RECOMMENDED ACTION:
Consideration of and action on the appointment of two members, promotion of one alternate to member, and appointment of one alternate member for terms expiring September 30, 2022; appointment of one alternate member for an unexpired term ending September 30, 2021; and appointment of a Chair and Vice Chair, to the Zoning Board of Adjustment.
EXECUTIVE SUMMARY:

The Zoning Board of Adjustment, created by city charter and state law, is comprised of five (5) members and three alternate members appointed by City Council. Members and alternates serve staggered two-year terms. The chair and the vice chair are appointed annually by City Council for one-year terms.

The board is a quasi-judicial body authorized under state law and city regulations to uphold the meaning and spirit of the zoning ordinance and to provide relief from strict adherence to certain development regulations when certain circumstances are found. The Board is charged with hearing three types of cases: Zoning Variances, Special Exceptions, and Appeals. Decisions of the board are not subject to review by City Council; further action is to a court of law if an applicant chooses to further appeal a decision.

Under Texas law, the board cannot consider use regulations or change an ordinance regulation; laws limit the actions of the board based on the type of case. Variances to regulations are considered when an applicant has demonstrated unique circumstances related to a site; when a variance is granted, it changes the way an existing ordinance is applied to the property.

Special Exceptions allow residences to be built or added onto in accordance with pre-annexation setback building lines. When granted the applicant is allowed to build to an older, less restrictive building line established through recorded deed restrictions or plat instead of the current building line established by zoning regulations.

An appeal may occur when a staff member has made a decision regarding a regulation and the applicant believes the interpretation or application of the standard was made incorrectly. If an applicant prevails, the board interpretation becomes the new standard and supplants the previous one.

 

 

 


BUDGET

EXPENDITURE REQUIRED:  N/A

CURRENT BUDGET: N/A

ADDITIONAL FUNDING: N/A

FUNDING SOURCE:N/A