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HomeMy WebLinkAboutZBOA Decisions 07/14/1998 DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT NAME OF APPLICANT: PRESENTATION BY CITY ATTORNEY LOCATION OF PROPERTY: REASON FOR VIZ%: PRESENTATION BY CITY ATTORNEY ON AND DISCUSSION OF POWERS &. DUTIES OF THE Z .B.O.A. PUBLIC HEARING DATE: 0 7 14 9 8 Application received in City Secretary's Office Date set for Public Hearing 07/14/98 by Zoning Board of Adjustment Chairman Request tax office to furnish name of property owners within 200 feet. Notice published in official newspaper 07/08/98 14-10 days prior to hearing) Letters mailed to property owners within 200 feet. 10 days prior to hearing) Public Hearing Held 0 7 14 98 Decision made by the Zoning Board of Adjustment Applicant notified —/air unn cru/r.emn� Regular Meeting Zoning Board of Ajustment July 14, 1998 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood which was held at City Hall on July 14, 1998 at 7:00 p.m. with the following members present constituting a quorum: Chairman William Hal Taylor Regular Member Ron Decker Regular Member Gary Yokum Regular Member David O'Brien Alternate Member Tracy Goza Alternate Member Gary Harris Alternate Member Thomas Rives Community Development Director Mike Hodge Building Official Linda Taylor B.O.A. Secretary Linda Thornton Chairman Hal Taylor called the meeting to order at 7:00 p.m. . City Attorney Kim Mickelson, gave a presentation on and discussion of powers and duties of the Zoning Board of Adjustment. Motion was made and approved to adjourn at 8:45 p.m. William Hal Tayl r Chairman Attest: l Linda Thornton Assistant City Secretary and B.O.A. Secretary BOAMIN3/LST03 ex cc: MH LAT KM RESOLUTION NO. R92-2 A RESOLUTION . ADOPTING RULES OF PROCEDURE FOR THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF FRIENDSWOOD, TEXAS, PURSUANT TO AUTHORITY CONTAINED IN SECTION 10 OF THE ZONING ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS. BE IT RESOLVED BY THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. The following rules of procedure shall govern all meetings and proceedings of the Zoning Board of Adjustment ( "BOA") of the City of Friendswood, Texas, and the conduct of its members and persons in attendance at such meetings: Rule 1. Meetings. (A) Regular meetings of the BOA shall be held in the Council Chambers of the City Hall on the 4th Tuesday of each month as needed, commencing at 7: 00 o'clock p.m. In the event Tuesday falls on a holiday, the meeting for that day shall be rescheduled as determined by the BOA. Any meeting of the BOA may be recessed from hour to hour or from day to day by a majority vote of the members present at such meeting, and such recessed meeting shall be held without further notice of any member; provided, that no meeting shall be recessed to a time later than forty-eight ( 48) hours after the time at which the action to recess any such meeting is taken unless a• new notice of meeting is duly posted in accordance with law. (B) Special meetings of the BOA shall be held by the call of the Chairman and three ( 3 ) or more members. Such meetings may be held at City Hall or at another location within the City designated -by the BOA. (C) Notice and conduct of all meetings, whether regular or special, shall be in accordance with Tex. Rev. Civ. Stat. Ann. art. 6252-17, the Texas Open Meetings Act. Rule 2. The BOA shall. be comprised of five ( 5) members, each of which are appointed as regular menicers of the BOA by the City Council. Pursuant to law, the City Council also appoints four (4) alternate members to the BOA, serving only during the absence of a regular member, and further such alternate members serve in: such absence only when specifically requested to do so by the Mayor or the City Manager as set forth in Section 211. 008(c) , Texas Local Government Code. No alternate member is entitled or permitted to participate as a BOA member except in such absence and.* pursuant to such request. The BOA shall not meet unless at least four (4) members are present, such number constituting a quorum for -..the transaction of business, but in no event shall more than five (5) members sit at any time. Except as otherwise provided herein, no action of the BOA shall be valid or binding unless adopted by the affirmative vote of four (4) members. In the event the BOA membership falls below four (4) , then the meeting shall be. adjourned until' the next called or* regular meeting. Rule 3 . Chairman Call to Order. The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings of the BOA. In the absence of the Chairman and the Vice-Chairman, any member elected by a majority of the BOA at such meeting may preside unless another member has been designated. by the Chairman for such purpose. At the hour of the meeting, the Chairman or- acting Chairman shall assume the chair, call the BOA to order, and the Secretary shall call the roll. i Rule 4 . Handling of Agenda Subjects. The BOA shall be the sole judge of its own procedure and shall be in full control of the business before it Neither the Chairman, nor the Vice-Chairman, nor any member appointed to preside shall have any power to either recess a meeting or adjourn a meeting, or prevent the BOA from considering an agenda item, or lay the same out for consideration, except in accordance with the Texas Open Meetings Act, the City Charter, and as otherwise provided herein. If, notwithstanding the positive provisions of this Rule, the presiding officer, whether . Chairman, Vice- Chairman, or member presiding, shall attempt to prevent the BOA from taking any action on any agenda item brought before it, any member present may call for a vote of the BOA to consider the matter. Rule 5 . Conduct of Chairman and Members. Any member of the BOA, including the Chairman, e.ho shall fail to observe decorous and orderly behavior during a meeting of the BOA shall be subject to expulsion from such meeting upon motion passed by majority vote of the BOA Present at the meeting. - 2 - Rule 6 _ Non-interruption. Members of the BOA shall be permitted to address L14 Chair while either seated or standing, and after recognition shall not be interrupted while speaking without his consent, except by a call of order of the Chair. , Rule 7 . Handling of Question of Order. All questions of order shall be decided by the Chairman with the right of appeal of such decision to the members, and a majority of the members present. may overrule the decision of the Chair. When the Chair rules on a point of order., and one of the members states "I appeal the ruling of the Chair, " or the words to such effect, no other business shall be transacted until the ' question, "Shall the ruling of the Chair be sustained?" be voted on. ' The Chairman shall immediately put such question to vote without debate, and, if he fails to do so immediately, any member of the BOA may put the question to a vote. Rule 8 . -Motion to Table. Since the BOP_ will always have regularly scheduled meetings, a motion -!:o table, when carried, does not permanently defeat a measure. If a _notion or other measure is tabled by a majority vote of the BOA, such' motion, or other measure, shall be considered always to be lying upon the table and may be called from the table at any time by a majority vote of the members present, and again considered. Rule 9 . Procedure to Defeat Without Debate. Upon any measure being laid out, or any motion being made, any member present, before there is any debate opened on the subject, may make a parliamentary objection to the consideration '-of the subject which need not be seconded. No debate shall then be permitted, and the Chairman shall immediately put the question, "Shall the objection be sustained? " If the objection is sustained by a vote of two- thirds of the members present, the motion or other measure is permanently defeated for the meeting and shall not be debated (except in accordance with Rule 10) . Rule 3.0 . Procedure Co Debate. If, du_ing a debate upon any notion or other matter before the BOA, any mem'_-.er moves that the subject under discussion be put to a vate without iuither debate (and such a motion need not be seconded) ; the Chairman shall immediately ask the BOA, "is here any objection to proceeding to vote on the motion or otter measure before the- BOA being taken ranediately"? If any xierber obits, - the Chairman shall 3 - immediately and without debate put the question, "Shall the subject being discussed be put to a vote without debate to a vote of the BOA, " and if two-thirds of the members present vote in favor of ordering the vote, debate on the question shall be closed and a vote on the motion or other measure shall be taken immediately. Rule 11. Reconsideration of a Subject. When a motion or other measure of any sort has been placed before the BOA and defeated, the same question shall not again be considered by the BOA until a lapse of ninety (90) days. Rule 12 . Reducing Motion to Writing. All motions must be seconded before being put to a vote by the Chair (except where otherwise provided in these Rules) , and upon request of any other member or Chairman, the party making any such motion (except a motion to order a- voteon a subject being considered per Rule 8 to table, or such other procedural matter) shall reduce the same to writing, or request the Secretary to do the same. Rule 13 . Secretarial Procedure.. The BOA Secretary . shall be the secretary of the BOA and shall att as reading- and-recordirig clerk to the BOA. By his or her signature, the Secretary shall. certify the correctness of the minutes and journals, shall record all acticns taken by the BOA, shall record the. vote upon each measure when taken, by ayes and nays, or the showing of hands, and shall perform such other- duties as may be required of the BOA Secretary by the Chairman. In the absence of the Secretary, any suitable person may be appointed by a majority of the members to serve as Secretary Pro-Tem of any meeting. The Secretary shall keep a copy of these Rules and any and all other required documents available for reference. Rule 14 . Voting. The concurring vote of four (4) members of the Board of Adjustment is necessary to: (a) reverse an order, requirement, decision, or determination of the zoning official; (b) decide in favor of an applicant on a matter on which the BOA is required to pass under the Zoning Ordinance or (3) authorize a variance from the terms of the Zoning Ordinance. All members of the BOP present at such m4betinc. (but not including alternate -members who have not been selected uo participate but may nevertheless be present-) shall vote on each matter before the board unless -required to abstain pursuant to state law or the City's charter. Rule 15 : Citizen's Right to be Heard. Any citizen shall have a reasonable opportunity to -be heard at any and all regular and special meetings of the BOA in regard to any and all matters to be considered at any such meeting. A time shall be set aside during each meeting for the BOA to hear from the public . No member of the public shall be heard unless recognized by the Chairman. Any member of the public who interrupts the BOA proceedings, fails to abide by these :'rules of procedure in addressing the BOA, or is otherwise disruptive to the extent the BOA is unable to conduct its meeting in an orderly fashion, shall be subject to removal from the meeting place upon the direction of' the Chairman. Records relating to items before the BOA shall be available for public inspection at the City Hall in accordance with Tex. Rev. Civ. Stat. Ann. , art. .6252-17a, the Open Records Act. Rule 16. Order of Business - Regular Meetings . Unless agreed to otherwise by majority vote of the BOA, the normal order of business before the BOA in any. regular meeting shall be as follows: ( 1) Call to order. (2) The Secretary shall mark the absence of the Chairman or any other member of the BOA. (3) The Secretary shall test and attest to the satisfactory operation of the tape recorder, and maintain proper functioning_ and tape changes as needed throughout the meeting. (4 ) Communications from the Chairman shall be presented. (5) Reports from the members of the BOA shall be presented. (6) The BOA shall receive petitions and he any of the public as provided in Rule 15, . and any appeal or other matter specially set for public . hearing shall then be heard by the BOA. (7) Unfinished business shall then be considered. (8) Then the BOA shall consider any business that is currently before them. (9) New business shall then be considered. ( 10) The BOA shall correct and adopt or table the minutes of the previous meeting(s) . (1.1) Adjournment. Rule 1.7. Order of Business for Special Meetings . Unless agreed to otherwise by a majority vote of the BOA, the normal_ order of business before the BOA in any special meeting shall be. the sane as provided in Rule 16 above for Regular leetings. Rule 18. Suspension of Rules of Procedure. Any one or all of these rules of procedure may be suspended in order to allow a particular consideration of a matter,. provided that it does not violate state law, or the City's Home Rule Charter, and not less than two-thirds of the members present vote in favor of such suspension. Where any rule embodies a provision of state law, identically or in substance, such rule may" not be suspended. The requirement of two-thirds of members present to suspend a rule shall nat apply to Rules 16 and Rules 17, but the order of business may be suspended by a majority vote. Rule 19 . Rules of Procedure. Except where in conflict with state law, the City's Home Rule Charter, city ordinance, or the rules of procedure adopted by this Resolution, the rules of the procedure laid down in Robert's Rules of Order, 75th Anniversary Edition, shall govern the proceedings of the BOA. Section 2 .. Rules regarding official instruments of the BOA. The BOA shall utilize four (4 ) instruments to formally report its work as follows: Instrument 1. Official Notice. Provisions for advance general announcement. of BOA meetings. Instrument 2 . Agenda. The agenda of the .BOA shall have coherent and consistent structure, with similar items grouped together and .relevant attachments clearly referenced and/or attached. Instrument 3 . Orders. All decisions for which the BOA is required to act pursuant to state law and the City's Zoning Ordinance shall be evidenced by ' a written order which shall be executed by the Chairman, and attested by the Secretary. All written orders shall be placed in the official records of the BOA immediately upon adoption and execution. Instrument 4 . Minutes. . The structure of the minutes shall follow the order of the agenda as amended. The content of minutes shall recognize all information presented to the BOA whether by staff, other public agencies or BOA, community groups, or interested parties . The minutes shall. provide formal record of the BOA's actions, including the name of the mover and seconder by motions, the specific cons tr_uc:.ion of motions and the voting record. This record must be provided for all motions, whether passed or defeated. The minutes of each meeting shall be prepared, made publicly available, and adopted by the BOA at a subsequent meeting; at that subsequent meeting, revisions of the minutes may be made by vote. PASSED, APPROVED, AND ADOPTED by the Zoning Board of Adjustinerit of . the City of Friendswood, Texas, this the 1,3th day of January 199?. --7 Z William Taylor, E airman Zoning Board of Adjustment ATTEST: OE hiWILUQAyers , Secretary Zoning Board of Adjustment January' 13, 1992 Signed this date: Received by the City Council this. the 6th day oL January 1992 . au W. Schrader Mayor ATTEST: .;eloris Ascher, C2fC ----- City S_ecr nary January 6, 1992 Signed this date: 7