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HomeMy WebLinkAboutMinutes - Board of Adjustment - 9/28/2004 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION SEPTEMBER 28, 2004 ORO VALLEY TOWN HALL COUNCIL CHAMBER 11000 NORTH LA CANADA DRIVE CALL TO ORDER: at or after 3:05 p.m. ROLL CALL PRESENT: Matt Adamson, Chair Bill Adler, Vice Chair Colleen Kessler, Member John Hickey, Member EXCUSED: Bart Schannep, Member MINUTES MOTION: Member Kessler moved to approve the minutes for August 24, 2004 but to exclude the motion for Section 1.2 Duties until further clarification from the tape are confirmed. Motion seconded by Member Hickey. Motion carried, 4-0. 1. CONTINUATION OF DISCUSSION AND/OR POSSIBLE ACTION TO THE BOARD OF ADJUSTMENT RULES AND PROCEDURES FOR THE PURPOSE OF RECOMMENDATION AND SUGGESTED AMENDMENTS TO BE PRESENTED TO MAYOR AND COUNCIL SECTION 3—Meetings 3.6 Quorum and Voting Vice Chair Adler recommended that this section include some reference to the issues of Standing and Ex Parte. He explained that it was in the area of procedure that the Board had discussion regarding the inconsistencies between the Board handbook, the Citizen Planning Institute (CPI) information relating to the Board of Adjustment (BOA) and Mark Langlitz, the Town Attorney's written and verbal comments, which did not coincide. He explained that there needed to be some language that would make it clear to future members how they are to evaluate and decide standing of an applicant who's appealing an interpretation; and how to reconcile the differences in Ex Parte. He asked that the legal department develop some language that can be inserted in this section that represents the Town's point of view on how BOA members are to understand the application Ex Parte context and how members are to proceed to evaluate and decide Standing. 09/28/04 Minutes 2 Board of Adjustment Regular Meeting MOTION: Vice Chair Adler directed the Legal Department to address how Standings are to be evaluated by Board of Adjustment members and to address Ex Parte and how Board of Adjustment members are to understand the term and how they are to be applied; and reconciling Mr. Langlitz's written comments on the two subjects with written material in the Board's handbook and other sources of information. Member Kessler seconded the motion. Motion carried, 4-0. There was discussion regarding aggrieved applicants and appeals. The following issues were discussed: • Developing a separate application for appeals. • The applicants understanding of an aggrieve case and having Standing. • Standing could be identified as "duties specific" for the Board. • Directing the Legal Department to help the Board determine how to proceed with standing as it relates to appeals. Bryant Nodine, Planning and Zoning Administrator, suggested that the last sentence of Section 3.6 be removed. ("The Board of Adjustment shall direct staff to prepare an update to the Council on all items continued more than 35 days, indicating why they were continued and when they are expected to be considered next by the Board of Adjustment.) MOTION: Member Hickey moved to remove the last sentence in Section 3.6 as written. Member Kessler seconded the motion. Motion carried, 4-0. 3.7—Placement of items on the Agenda Vice Chair Adler suggested that there be clarification in the timing of when an item could be added to an agenda. He recommended that the following sentence be added at the end of the paragraph of the section: "Items may also be placed on the agenda by the chair or two (2) or more Board of Adjustment members." Member Kessler suggested the following wording: "Agenda items must be presented no later than "2"working days (48 hours) prior to the meeting." Joe Andrews, Civil Attorney reiterated that in accordance to the Arizona Open Meeting Law the agenda must be posted 24 hours prior to the meeting. MOTION: Member Kessler moved to approve adding a sentence in Section 3.7— Placement of Item on the Agenda that states that agenda items must be in place 48 hours (2 business days or more)prior to the Board of Adjustment meeting. Member Hickey seconded the motion. Motion carried, 4-0. 09/28/04 Minutes 3 Board of Adjustment Regular Meeting 3.8 Order of Business or Agenda The order of business shall be as follows: a. Call to order. b. Roll call by the secretary c. Minutes. d. Presentation of agenda item(s). e. Petitioner/applicant presentation. f. Questions/clarifications. g. Staff report. h. Questions to staff by Board members i. Open public hearing j. Ask for any applicant response/summation. k. Close public hearing 1. Ask for board questions/further information. m. Ask for the pleasure of the Board on agenda item n. Planning & Zoning staff update. o. Motion of adjournment. Vice Chair Adler stated that he did not think it was necessary to ask the applicant for a response unless they were specific questions that the Board wanted answers. He suggested that Item J reads, "Specific questions from the Board for the applicant." He recommended that Item K be placed forward and become Item J. In answer to a question from Member Kessler, Vice Chair Adler explained that the applicant would have an opportunity to refute something that was said in the public hearing after the public hearing was closed as well as answer questions from the Board. Mr. Andrews suggested deleting Item J and re-wording Item L and add to Item M wording that reads, "Ask for the pleasure of the Board on agenda item and discussion." He explained that staff would work on the wording and bring back suggestions to the Board for approval at a future meeting so that it would fit the order of business the Board was looking for. MOTION: Vice Chair Adler moved that Section 3.8 —Order of business or Agenda, be continued pending a submission from the Legal Department on a proposed sequence. Member Kessler seconded the motion. Motion carried, 4-0. 3.9 Record of Considerations in Board Actions Vice Chair Adler explained that in this paragraph ("During the vote, Board members may give the applicant some direction and may state the reasons for their vote"), the wording conflicts with the information in the Citizens Planning Institute (CPI) material. He 09/28/04 Minutes 4 Board of Adjustment Regular Meeting reported that the CPI material states very clearly that the Board member is to state their findings on a case. He explained that if a case is appealed, the judge needs to have a record of what was deliberated. He stated that the findings and motion should be clearly stated. MOTION: Vice Chair Adler move to direct staff to develop suggested wording in Section 3.9 to clarify the reasons for the motion that would approve or deny an application. Motion seconded by Member Kessler. Motion carried, 4-0. SECTION 4 - Miscellaneous 4.1 Conflicts of Interest In answer to a question from Member Hickey, Joe Andrews explained that there was a legal statement that addresses a"conflict of interest", but the law was very clear regarding the matter. He reported that the law states that it has to be a personal, financial or family member financial situation or a business interest for a case to become a conflict to a member. He further explained that if the Board wanted to expand to include more rules and stipulations in this section, it would be their choice. Vice Chair Adler stated that there had been disparities between the BOA Handbooks and information provided from the legal department from time to time. He suggested that there be one source of documentation available so that new Board members could refer to it during orientation. Member Hickey suggested staff develop wording that makes reference to the Board of Adjustment Handbook as guidance. MOTION: Vice Chair Adler moved that Section 4.1 —Conflict of Interest,be reviewed by the Legal Department to make it explicit as to what constitutes a"Conflict of Interest" and the procedures to be followed. Member Hickey seconded the motion. Motion carried, 4-0. SECTION 5 - Official Records 5.1 Definition 5.2 Files—Retention 5.3 Files—Distribution SECTION 6—Rules and Amendments 6.1 Amendment Procedure MOTION: Vice Chair Adler moved to approve Section 5 as written; and in Section 6, wording be added to the last sentence that reads, "The amendments adopted as above 09/28/04 Minutes 5 Board of Adjustment Regular Meeting shall become effective at the next regular meeting of the Board of Adjustment following Council approval." Member Kessler seconded the motion. Motion carried, 4-0. 2. DISUSSION AND/ OR POSSIBLE ACTION TO THE BOARD OF ADJUSTMENT EVALUATION PROCEDURE MOTION: Vice Chair Adler moved to approve that the proposed evaluation procedure be adopted and made a part of the Board of Adjustment rules subject to Council approval. Member Kessler seconded the motion. Motion carried, 4-0. The following items were tabled for review from the August 24, 2004 meeting. SECTION 1 —General 1.1 Authority Vice Chair Adler explained that "Section 701 of the Zoning Code and the terms "Scope" and"authority"did not mean the same thing in his opinion and he would like to dispose it by simply indicating that it was necessary to change Section 701 to make these two (2) words mean the same thing. Chair Adamson agreed. MOTION: Vice Chair Adler moved to accept Section 701 as written. Chair Adamson seconded the motion. Motion carried, 4-0. Term Limits Vice Chair Adler explained that at the prior meeting, the Board felt that the Zoning Code did not make it clear if the Board of Adjustment was subject to term limits,but that the Town Council Policy does state that BOA members were limited to 2-year terms. He explained that the Board had discussed recommending to Council to make an exception for the Board of Adjustment because the Board did not have regular consecutive meetings. Chair Adamson pointed out that a motion had been made at the August 24th meeting by Member Schannep to approve the elimination of the line that read "no member shall serve more than two consecutive two (2) year terms" and it was approved. In answer to a question from Member Hickey, Joe Andrews explained that in order to get these recommendations to Town Council, the Board would simply submit the document to Council for approval. He further explained that if Council approves the document, the recommendations would apply to the BOA's rule and procedures,but if the recommendations were not approved or amended by Council, they would be approved as amended by the Mayor and Council. Vice Chair Adler stated that he would hope that a memo was sent with the document that the Board was requesting to meet and confer, or have an opportunity to discuss the 09/28/04 Minutes 6 Board of Adjustment Regular Meeting recommendations, recognizing that there are some unique features that are being proposed. He stated that there were items that needed further explanation and support. 1.2 Duties MOTION: Vice Chair Adler moved that Item D (Deciding requests for grading exceptions....transfer from Development review Board, Modify Section 1 602) and Item E (Deciding Conditional Use Permits....transfer from Planning and Zoning, Modify Section 1-402C), be agendized for the next meeting. Chair Adamson seconded the motion. Discussion: Member Hickey stated that he would like to see defined what the Board would like to have stated in the Zoning Code. He explained that he would like to see the Board's duties in their entirety defined, as suggested by Vice Chair Adler, as well as those stated in the State Ordinance. MOTION carried, 4-0. PLANNING AND ZONING UPDATE Bryant Nodine, Planning and Zoning Administrator gave a brief update on the following projects: • Steam Pump Ranch. • The annexation of Westlook. • The annexation of the La Cholla Airpark. • Oracle Crossing/VP Magee Crossing development plan. • The Commercial Code revisions. • General Plan update. • Beztek. • The El Conquistador Way rezoning. ADJOURNMENT MOTION: Member Hickey moved to adjourn the meeting at 4:31 p.m. Member Kessler seconded the motion. Motion carried, 4-0. Resp dully submitted, /AL' inda Hersha Senior Office Assistant