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HomeMy WebLinkAboutMinutes - Board of Adjustment - 9/24/2002 MINUTES ORO VALLEY BOARD OF ADJUSTMENT SPECIAL SESSION SEPTEMBER 24, 2002 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 3:12 p.m. ROLL CALL PRESENT: Cindy Lewis, Chairman Bill Adler, Vice Chairman Lyra Done, Member (Arrived at 3:21 p.m.) Bart Schannep, Member Colleen Kessler, Member STAFF PRESENT: Bryant Nodine, Planning and Zoning Administrator Dee Widero, Senior Zoning Inspector Linda Hersha, Secretary II Mike Valencic, Zoning Inspector Joe Andrew, Civil Attorney MINUTES MOTION: Vice Chairman Adler moved to APPROVE the regular meeting minutes of May 28, 2002. Motion SECONDED by Member Done. Motion carried, 5-0. 1. ESTABLISH AND EVALUATION PROCESS TO POSSIBLY PRESENT TO TOWN COUNCIL Vice Chairman Adler explained that it was very important for volunteers to know where they stand,particularly if they planned to apply for reappointment. He explained that most volunteers do not know where they stand when they are reapplying and this was the reason why he brought up the need for an evaluation. The following issues were discussed: • Who would conduct the evaluation of a board member. • On what basis will the procedure be done. • A form should be developed and submitted to the Board regarding the particulars once the Board has concluded that an evaluation process should be adopted. Member Schannep expressed concern as to why a procedure such as the peer evaluation process would be necessary. He pointed out that the Board only had 8 to 10 meetings per year based upon the case load. He explained that the Board serves at the pleasure of the Mayor and Town Council and a member could be removed by Council at any time. He explained that his concern was with the darker side of a peer evaluation process. He explained that by implementing such a procedure that it could result in influencing one's 09/24/02 Minutes,Board of Adjustment 2 behavior towards a homogeneous group. He explained that he believed that the intent of the Council was an attempt to develop a more diverse group, therefore he would not be in favor of such a process. MOTION: Vice Chairman Adler moved for the Board of Adjustment to establish an evaluation process with details of which would be presented to the Board of Adjustment by a subcommittee before the end of the year. Motion SECONDED by Member Done. Discussion: Vice Chairman Adler explained that it was a common practice in business to have evaluations for those people who had responsibility in the decision making process, therefore he did not see the evaluation as being disruptive or a potentially disruptive process. Chairman Lewis stated that she would have to agree with Member Schannep that the potential to have the Board"gang up" on one member or to try and create a like minded board would create great problems. She explained that the Board did serve at the pleasure of the Town Council and a member could be removed at any point of their term for what ever reason the Council chooses. She reiterated that she was not comfortable with a peer evaluation,but would be more comfortable having a Board of Adjustment liaison. ROLL CALL VOTE Chairman Lewis -nay Vice Chairman Adler- aye Member Done - aye Member Schannep -nay Member Kessler-nay Motion failed, 3-2, Vice Chairman Adler and Member Done were in favor of the motion. 2. POLICY TO REMOVE A MEMBER FOR CAUSE,FOR POSSIBLE PRESENTATION TO TOWN COUNCIL There was discussion regarding how a member would be judged before a recommendation for dismissal would occur; and how stipulations would apply for potential removal of a member; and how would the Board handle a member who was unable to follow the 5 criteria and had poor attendance. Bryant Nodine, Planning and Zoning Administrator pointed out that the rules and procedures for the Development Review Board and the Planning Commission both have procedures for recommending removal of a member. Member Schannep suggested that this item be placed on hold until the Board received copies of other boards and commission stipulations for review before consideration or action was taken pertaining on this item. 09/24/02 Minutes, Board of Adjustment 3 Member Done suggested getting a subcommittee involved. She explained that this way some of the definitive issues could be forwarded to the Board for review because the more people that are involved the harder the stipulations are to define. Mr.Nodine read a provision for removal of a member due to absence and read the following rule: "if a member misses 3 consecutive regular or 5 unexcused meetings within a year, the Board of Adjustment may request that the Town Council appoint a new person to complete the term." Member Done stated that the stipulations were extensive enough and extended far beyond just showing up. She explained that attendance was a key factor in the Board of Adjustment rules as well as preparation, attention span, listening and comprehension. Vice Chairman Adler stated that this action would be an attempt to keep the Board of Adjustment performance at its highest possible level and people who were not contributing to that objective would need to be spoken to. MOTION: Member Schannep MOVED that a subcommittee be established by the chair to review the criteria used by other existing boards; and the criteria be tailored to the Board of Adjustment use and these uses would be reviewed by the Board of Adjustment to be approved or denied. Motion SECONDED by Vice Chairman Adler. Motion carried, 5-0. There was discussion regarding a timeline for the development of a subcommittee and the Board agreed that the subcommittee should meet over the next month and submit a written report to the Board. 3. DISCUSSION AND POSSIBLE REQUEST TO TOWN COUNCIL FOR EXPANSION OF DUTIES FOR THE BOARD OF ADJUSTMENT Vice Chairman Adler explained that by expanding the case load opportunities, the Board of Adjustment would be able to serve the community better. Therefore,he would like to get approval from the Board for the concept and over a period of time delve into switching the grading determination from the Development Review Board to the Board of Adjustment as well as being involved with the changes to the Planned Area Development. He explained that these functions would be entirely consistent with the Board of Adjustment(BOA) current function. He stated that the community would be better served by having the BOA's more structured format and structured decision making process involved in some of these important determinations as it relates to the Planned Area Development, grading issues and those things that were irreversible. MOTION: Vice Chairman Adler MOVED that the Board of Adjustment recognize the opportunity to serve the community better by involving itself in decisions having to do with the same types of issues that the Board presently are involved in but in other areas, 09/24/02 Minutes, Board of Adjustment 4 but not limited to,Planned Area Developments, Grading; and the like and that the Board of Adjustment be a part of technical advisory boards,task forces and committees that are formed to represent the community in determining major Town Code revisions such as the General Plan. Motion SECONDED by Member Schannep. Discussion: Chairman Lewis stated that the Board of Adjustment has been charged in dealing with very specific and a very narrow set of duties that are highly structured and defined. However, she explained that there was a section in the Board of Adjustment Rules and Procedure under"Zoning Coded Amendments"that was adopted in 1985 that read as follows: "in of the board findings in a certain case or as a result of the recurrence of certain problems, such as, a specific variance coming before the Board over and over again. The Board of Adjustment may recommend the study of zoning code changes and zoning district changes to the Planning Commission." Therefore, she explained that the Board had the ability to present to the Planning and Zoning Commission specific issues that the Board might call merits. She felt very strongly that the Board needed to stick within their scope of jurisdiction. Vice Chairman Adler explained that the Board should take advantage of the opportunity in serving the community better and did not see this as an expansion of duties. CALL FOR THE QUESTION Chairman Lewis called for the question. Call for the question carried, 5-0. MOTION made by Vice Chairman Adler failed 3-2, Vice Chairman Adler and Member Schannep were in favor of the motion. 4. ESTABLISH CRITERIA FOR RECONSIDERATION OF BOARD OF ADJUSTMENT DECISIONS TO BE USED BY THE CHAIR FOR INCLUSION ON THE AGENDA. TO BE PRESENTD TO THE TOWN COUNCIL. Vice Chairman Adler explained that he wanted to try and remove any appearance of the Chair making a decision to place reconsiderations on an agenda in an arbitrary fashion. Therefore,he recommended that a subcommittee be formed to develop some guidelines that the Chair could follow. He explained that this item would establish a policy, if the Board desired to have a policy that established the guidelines. Member Schannep suggested that these guidelines be developed between the Chair and Vice Chair. Vice Chairman Adler disagreed that these changes be done by the Chairs and Vice Chairs because of the possibility of not having any guidelines. He further explained that these guidelines should become a part of the Board of Adjustment Rules and Procedures, so that as the years move forward, and as chairs and vice chairs change,there would be some guidelines to follow. 09/24/02 Minutes, Board of Adjustment 5 MOTION: Vice Chairman Adler MOVED that the Board of Adjustment establish guidelines to be utilized by the Chair in determining whether a request from the applicant for reconsideration is to be agendized. Motion SECONDED by Member Schannep. Motion carried, 5-0. 5. DISCUSSION AND POSSIBLE ACTION REGARDING EXPLANATION OF VOTING BASED ON FINDINGS Vice Chairman Adler explained that each member should explain the reason why they voted aye or nay to establish a clear record. He explained that if the applicant appeals and when the court is reviewing the record they can determine whether the Board of Adjustment has done the due diligence based upon the 5 criteria and whether the record is clear. Member Schannep agreed. Chairman Lewis explained that if the Board created a process for every applicant that comes before the Board an avenue to appeal that the majority of cases would go before the Superior Court. She explained that the judge would make the determinations as opposed to the Board of Adjustment. She stated that she would hate to see that happen. She stated that the Board was very competent in what it did and would hate to give anyone an avenue to appeal a case that was not necessary invalid. She pointed out that she considered a variance a personal issue for the homeowners. Vice Chairman Adler disagreed that variances were personal issues and felt that the Board of Adjustment was to remove themselves and detach itself from the personal issues. MOTION: Vice Chairman Adler moved that the Board's rules be amended so that when a decision by the Board of Adjustment is made that each member in declaring their vote explains the basis for their vote. Motion SECONDED by Member Kessler. Discussion: Member Schannep clarified that a member would only need to explain their vote if they were voting no. Member Done explained that in previous times the town attorney has advised that Board to refrain from making any comment after a vote has been cast, therefore, she would hesitate to go against his suggestions. Bryant Nodine,Planning and Zoning Administrator explained that another concern that the town attorney had was a member trying to combine all of their thoughts into 1 sentence. He pointed out that the attorney felt that it could be difficult and could create an inaccurate record. Motion made by Vice Chairman Adler failed, 3-2, Chairman Lewis,Member Done, and Member Kessler opposed. 09/24/02 Minutes, Board of Adjustment 6 6. AMEND ANNUAL DATE POLICY, TO ELECT BOARD OF ADJUSTMENT CHAIR AND VICE CHAIR TERM OF OFFICE MOTION: Vice Chairman Adler MOVED to amend the policy to elect the Board of Adjustment Chair and Vice Chair to be done in July of each year. Motion SECONDED by Member Done. Motion carried, 4-1,with Member Kessler opposed. 7. HOLD ELECTION FOR CHAIR AND VICE CHAIR OF BOARD OF ADJUSTMENT MOTION: Vice Chairman Adler MOVED that the present Chair and Vice Chair be re- elected for their term to run through June, 2003. Motion SECONDED by Member Done. Motion carried, 5-0. ADJOURNMENT Chairman Lewis adjourned the meeting at 4.42 p.m. Respectfully submitted, /4641 Ll da Hersha, Secretary II