ALL RIGHT. IT'S SIX. I WANT TO GET STARTED. YOU WANT TO OPEN UP THE MEETING? FIRST CHAIR FOR ME?
[00:00:04]
YEAH. IT'S NOW 6:00, AND WE'LL OPEN UP OUR TRAINING MEETING FOR THE BOARD OF ADJUSTMENTS.ALL RIGHT. OKAY, HERE WE GO. EVERYBODY, DO I NEED TO DO WE NEED TO ADJOURN TO OFFICIAL WORK SESSION, OR DID I JUST. OKAY. JUST WORK SESSION. OKAY.
IT AUTHORIZES THE CREATION OF BOARD OF ADJUSTMENT BY CITIES.
AND ROWLETT CREATED ITS BOARD OF ADJUSTMENT IN SECTION 271 OF ITS CODE OF ORDINANCES, AND ALSO IN SECTION 77 705 OF ITS ZONING ORDINANCE. SO DOUBLE CREATED YOU.
THE STRUCTURE OF THE BOARD IS SET BY STATUTE.
IT'S FIVE REGULAR MEMBERS. AND THEN ROWLETT HAS FOUR ALTERNATE MEMBERS.
THEY WERE APPOINTED BY THE COUNCIL. AS YOU KNOW, YOU ALL SERVE TWO YEAR TERMS. A QUORUM, WHICH IS WHAT IT TAKES TO CONDUCT A BUSINESS TO HOLD A MEETING, IS FOUR, AND IT TAKES THE AFFIRMATIVE VOTE OF FOUR OF YOU FOR ANY ACTION.
THE PROCEDURE FOR MOST OF WHAT YOU'LL DO CALLS FOR A PUBLIC HEARING.
AND THE PURPOSE, OF COURSE, IS TO ALLOW YOU TO HEAR THE EVIDENCE, TO HEAR BOTH SIDES OF EVERY ISSUE.
AND WE ALWAYS WANT TO REMIND YOU THAT NUMBERS DON'T ALWAYS COUNT IN PUBLIC HEARINGS.
VERY OFTEN YOU'LL BE HEARING FROM A VERY VOCAL MINORITY.
SO TO LOOK AT THE OVERALL PICTURE AND YOU MAY NOT HAVE THIS ISSUE, IT'S PROBABLY SOMETHING MORE THAT COUNCIL PROBABLY HAS, BUT WE JUST CAUTION YOU THAT OTHER WE DON'T WE DON'T WANT A TWO WAY CONVERSATION.
FOR A PUBLIC HEARING. IT'S FINE. YOU KNOW, A LOT OF PEOPLE GET UP AND THEY WILL THEY'LL PHRASE WHAT THEY'RE SAYING AS A QUESTION, YOU KNOW, CAN YOU JUST TELL ME WHY YOU DID THIS, BLAH, BLAH, BLAH, YOU KNOW, AND IT'S HARD NOT TO ANSWER, BUT WE DON'T WANT A TWO WAY CONVERSATION. IT IS JUST FOR THEM TO TO SAY THEIR PIECE AND YOU JUST THANK THEM FOR THEIR INPUT.
AND WE ALSO DON'T ALLOW THOSE SPEAKERS TO ADDRESS THE AUDIENCE.
ALL THE COMMENTS SHOULD BE DIRECTED TO THE FULL BOARD, NOT ANY INDIVIDUAL BOARD MEMBER.
THE THING HERE DON'T GIVE YOUR REASON FOR YOUR VOTE.
THERE'S NO NEED TO JUSTIFY YOUR VOTE OR YOUR DECISION.
GENERALLY, YOUR ACTIONS AS A BOARD ARE PRESUMED BY THE LAW.
COMMENT ABOUT YOUR VOTE. YEAH, ABOUT I'M NOT GOING TO VOTE YES ON THIS BECAUSE I DON'T LIKE.
THE USE THAT YOU'RE TRYING TO PUT THIS TO. AND THAT CAN BE DANGEROUS FOR THE CITY BECAUSE IF.
I'M GOING TO HAVE A REAL HARD TIME DEFENDING THAT DECISION.
WHEREAS IF EVERYBODY HAD JUST BEEN QUIET AND VOTED.
SO THAT'S WHY WE ALWAYS SAY DON'T GIVE YOUR REASON FOR YOUR VOTE, JUST VOTE.
OR YOU CAN CONFER WITH YOUR STAFF IN THE OPEN SESSION.
BOARD DUTIES. OKAY, SO THIS BOARD HAS A LOT OF DUTIES.
YOU CAN HEAR AND DECIDE APPEALS OF AN ORDER OF ANY ADMINISTRATIVE OFFICIAL.
THEY WANT YOU TO TELL THEM NO, THAT THAT DECISION WAS WRONG.
YOU KNOW, REVERSE IT. OR YOU CAN AUTHORIZE IN CERTAIN CASES VARIANCES FROM THE ZONING ORDINANCE.
AND I'LL READ THIS BECAUSE IT'S IT'S CANNED LANGUAGE, BUT IT'S GOOD.
YOU CAN AUTHORIZE IN SPECIFIC CASES VARIANCES FROM THE TERMS OF THE ZONING ORDINANCE.
IF THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AND DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ZONING ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP, AND YOU CAN GRANT IT.
SO THAT'S THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED AND SUBSTANTIAL JUSTICE IS DONE.
[00:05:03]
MORE ON THIS. UNNECESSARY HARDSHIP IN A MINUTE.MOST SPECIAL EXCEPTIONS THESE DAYS ARE HANDLED AS SUP AS SUP.
SO WE DON'T REALLY SEE THOSE TOO MUCH IN THE BOARD OF ADJUSTMENT.
YOU CAN RESOLVE DISPUTES REGARDING NONCONFORMING USES, SIGNS AND STRUCTURES.
YOU CAN. AND YOU ALSO SERVE AS THE ROWLETT BUILDING AND STANDARDS COMMISSION.
SO YOU ARE ALSO THE BODY THAT IS THE APPEAL BOARD FOR THAT LOT.
A LOT OF DUTIES. OKAY, SO LOOKING AT APPEALS OF DECISIONS OF ADMINISTRATIVE OFFICERS.
THE APPEAL HAS TO BE FILED WITH THE BOARD OF ADJUSTMENT.
AND THE OFFICER MAKING THE DECISION WITHIN 20 DAYS OF THE DECISION.
THE NOTICE OF APPEAL HAS TO SPECIFY THE GROUNDS FOR THE APPEAL.
EXACTLY WHAT REASON THEY THINK IT'S WRONG. THE OFFICER THEN HAS TO TRANSMIT THE TO THE BOARD OF ADJUSTMENT ALL THE PAPERS THAT CONSTITUTE THE RECORD, AND YOU'LL USUALLY GET THOSE IN YOUR AGENDA PACKET.
AND THEN YOU MUST CONDUCT THE HEARING AS SOON AS PRACTICABLE.
WE NORMALLY TRY TO AIM FOR 60 DAYS, 30 IF POSSIBLE, BUT WITHIN 60 DAYS.
WHILE THAT APPEAL IS PENDING, THE APPEAL STAYS ENFORCEMENT PROCEEDINGS DURING THAT APPEAL UNLESS THE BUILDING OFFICIAL COMES TO THE BOARD AND ASK YOU TO ENTER AN ORDER THAT WOULD STAY THAT WOULD ALLOW ENFORCEMENT.
SORRY. BECAUSE OF IMMINENT PERIL TO LIFE OR PROPERTY.
AND THAT'S USUALLY YOU KNOW, IF THERE'S. WELL, YEAH, IF IF THERE IS, IF THERE'S SOMETHING THAT IS, IS GOING TO PUT SOMEONE IN DANGER, THEN THEY WILL THEY'LL ASK YOU TO LET THEM GO AHEAD AND ENFORCE IT WHILE THE APPEAL IS PENDING.
AND I KNOW THAT'S A FINE LAWYER LINE THERE. BUT BUT IT IT IS IT IT IS MORE SOLID THAN IT APPEARS. FOR INSTANCE, WITH REGARD TO ALTERNATE TYPES OF CONSTRUCTION OR MATERIALS.
YOU HAVE THE POWER TO, TO DETERMINE IF THEY ARE IN FACT EQUAL TO THE STANDARDS OF AN ORDINANCE CONSIDERING THE ADEQUACY, THE STABILITY, THE STRENGTH, THE SANITATION, THE FIREPROOF, YOU KNOW, WHATEVER IT IS THAT YOU'RE LOOKING AT WITH THAT PARTICULAR MATERIAL. SPECIAL EXCEPTIONS. LIKE I SAID BEFORE, THESE ARE USUALLY HANDLED AS SPECIFIC USE PERMITS UNDER THE ZONING ORDINANCE.
IT'S SORT OF LIKE A VARIANCE THAT ALREADY IS WRITTEN INTO THE, THE ZONING ORDINANCE.
SO IT'LL SAY, YOU KNOW, YOU CAN GRANT THIS IF THIS IS PRESENT.
AND AND THAT REALLY IS WHY IT'S ALMOST ALWAYS HANDLED AS AN SNP THAT REQUIRES SHOWING A HARDSHIP.
SO VARIANCES ONLY THE BOARD OF ADJUSTMENT CAN GRANT A VARIANCE AND THE COUNCIL CANNOT OVERRIDE YOU.
AND I'M SURE YOU KNOW THAT BY NOW. A VARIANCE IS AN ADJUSTMENT IN THE APPLICATION OF SPECIFIC REGULATIONS OF THE ZONING ORDINANCE TO A PARTICULAR PARCEL OF PROPERTY, WHICH, BECAUSE OF SPECIAL CONDITIONS OR CIRCUMSTANCES OF HARDSHIP THAT ARE PECULIAR TO THAT PARTICULAR PARCEL MAKES IT NECESSARY, MAKES THE VARIANCE NECESSARY TO PREVENT THAT PROPERTY FROM BEING DEPRIVED OF RIGHTS AND PRIVILEGES THAT ARE ENJOYED BY OTHER PARCELS IN THE SAME SITUATIONS. IN ORDER TO GRANT A VARIANCE. THE BOARD OF ADJUSTMENT HAS TO MAKE CERTAIN WRITTEN FINDINGS, AND I INCORPORATE THESE INTO THE ORDERS THAT THAT ARE SIGNED.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RENDER THE LAND DIFFICULT OR IMPOSSIBLE TO USE BECAUSE OF SOME UNIQUE PHYSICAL ATTRIBUTE OF THE PROPERTY ITSELF, WHETHER IT'S THE TOPOGRAPHY, THE SIZE OR DIMENSIONS OF THE LOT, SOMETHING ABOUT THAT PARTICULAR PROPERTY.
IF WE DON'T GRANT THIS VARIANCE, THEY IT WILL BE ALMOST IMPOSSIBLE FOR THEM TO USE IT.
[00:10:09]
AND WHEN I SAY SELF-IMPOSED, THAT INCLUDES IMPOSED BY A FORMER OWNER.THE RELIEF SOUGHT WILL NOT INJURE THE PERMITTED USE OF THE ADJACENT CONFORMING PROPERTIES.
THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ZONING ORDINANCE.
A VARIANCE SHALL NOT BE GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP.
IT SHALL NOT BE GRANTED BASED SOLELY ON ECONOMIC GAIN OR LOSS OR MARKET CONDITIONS.
ECONOMIC FACTORS. PROFITABILITY. FEASIBILITY OF DEVELOPMENT.
IT SHALL NOT BE GRANTED MERELY TO REMOVE AN INCONVENIENCE OR A FINANCIAL BURDEN.
IT SHALL NOT PERMIT ANY PERSON OF PRIVILEGE IN DEVELOPING A PARCEL OF LAND THAT IS NOT PERMITTED BY THE ZONING ORDINANCE TO OTHER PARCELS IN THAT SAME PARTICULAR ZONING DISTRICT. AND IT SHALL NOT RESULT IN UNDUE HARDSHIP ON ANOTHER PARCEL.
AND SO LIMITATIONS ON THE BOARD'S DUTIES. YOU MAY NOT GRANT A VARIANCE AUTHORIZING A USE OTHER THAN THOSE THAT ARE PERMITTED IN THE DISTRICT FOR WHICH THE VARIANCE IS SOUGHT. SO THAT'S THAT'S A VARIANCE THAT THEY CAN'T COME IN AND ASK YOU, YOU KNOW, CAN I CAN I BUILD A MOTEL HERE? NO, THAT'S THAT'S A USE VARIANCE.
THEY MAY NOT GRANT OR MODIFY A SPECIFIC USE PERMIT.
YOU MAY NOT GRANT A ZONING AMENDMENT. AND IF A ZONING AMENDMENT IS PENDING EITHER BEFORE THE P AND Z, THE PLANNING AND ZONING COMMISSION OR THE COUNCIL, THEN YOU CANNOT HEAR OR GRANT A VARIANCE WITH RESPECT TO THAT PROPERTY UNTIL THE FINAL DISPOSITION BEFORE THOSE BODIES. AND FINALLY, THE BOARD MAY NOT GRANT A VARIANCE FOR ANY PROPERTY IF THERE'S A SITE PLAN, PRELIMINARY PLAT, OR FINAL PLAT PENDING ON THE AGENDA OF THE PNC OR, IF APPLICABLE, THE COUNCIL.
STAFF IS GOING TO LET US KNOW SOME OF THOSE REQUIREMENTS.
WELL, I'LL LET YOU KNOW THEN. ALL YOU HAVE TO DO IS SAY THAT YOU WANT LEGAL ADVICE AND I WILL.
I'LL GO OVER THAT WITH YOU AND GIVE YOU MY ADVICE.
AND WHEN I SAY I'LL GIVE YOU MY ADVICE, THAT DOESN'T MEAN YOU HAVE TO FOLLOW IT.
YOU KNOW, YOU USE YOUR OWN DISCRETION, BUT I WILL GIVE YOU MY ADVICE.
I'LL TELL YOU WHAT WHAT I'M TELLING YOU HERE.
BUT ALSO IN GENERAL, WE WOULDN'T RUN A SITE PLAN UNTIL WE GET A PHYSICAL OR A PLAT.
SO WE GET A VARIANCE FROM YOU ALL. SO THAT WOULD BE FIRST.
SO GENERALLY THE PROCESS TAKES CARE OF A LOT OF THAT.
LIKE IT WOULD NEVER MAKE IT TO US FOR A LOT OF WHAT I WAS ASKING.
YES. STAFF. STAFF WEEDS OUT A WHOLE LOT OF THIS FOR YOU.
I THINK THESE ARE THE LAST LIMITATIONS. YOU MAY NOT GRANT A VARIANCE FROM ADOPTED UNIFORM CODES LIKE THE UNIFORM FIRE CODE, THE UNIFORM BUILDING CODE UNIFORM. WHAT ELSE DO WE HAVE? SCHOOL AND SPA CODE. JUST. WE HAVE A MILLION OF THEM.
UNIFORM ELECTRIC CODE. UNIFORM PLUMBING CODE.
CAN'T YOU CAN'T BURY ANY OF THAT. YOU MAY NOT GRANT A VARIANCE FROM ANY WRITTEN CONDITIONS THAT ARE ATTACHED BY ANY OTHER DECISION MAKING BODY, LIKE THE COUNCIL OR THE PNC. IF THEY HAVE A DECISION MAKING AUTHORITY TO THE APPROVAL OF A PD PLAN DEVELOPMENT OR AN SEP, A SUBDIVISION PLAT OR A DEVELOPMENT PLAN. AND YOU MAY NOT GRANT A VARIANCE IF THE CONDITIONS OR CIRCUMSTANCES AT ISSUE ARE JUST SO GENERAL OR RECURRENT IN NATURE AS TO MAKE IT REASONABLY PRACTICABLE FOR THE COUNCIL TO FORMULATE A GENERAL REGULATION INSTEAD OF ADDRESSING IT PIECEMEAL FOR EVERY LOT. IT WOULD BE SOMETHING THE COUNCIL WOULD NEED TO TO TAKE CARE OF.
NEXT QUESTION. YEAH, WE'VE GOT CAUGHT A FEW TIMES, I THINK, IN THIS TRAP ABOUT A DEVELOPER COMES HERE, THEY WANT TO CHANGE SETBACK FROM 50FT TO 25FT FROM THE PROPERTY LINE.
SO I'D LIKE TO SEE MILLER AND JESSUP EXAMPLE ONE ON THE NORTH SOUTHEAST CORNER.
AND WE APPROVED THAT. AND NOTHING EVER GETS BUILT.
AND THAT'S SOMETHING I'VE CAUGHT ON TO THE GAME THAT GETS PLAYED THERE WITH THE DEVELOPERS.
SO JUST SOMETHING TO OTHER PEOPLE IN THE ROOM TO HEAR.
IT'S VERY SPECIFICALLY TO THE PROJECT THAT THEY'RE PRESENTING. SO IF THAT PROJECT GOES AWAY, THOSE. YEAH, THOSE THOSE GRANTS GO AWAY WITH THE PROJECT.
[00:15:03]
THAT'S GOOD THEN. AND ALSO I THINK IT'S IMPORTANT TO REALIZE THAT THAT YOU KNOW.YOU KNOW, IS THAT REALLY A HARDSHIP? IF IT WAS REALLY AND TRULY A HARDSHIP, THEN HONESTLY, IT WOULDN'T MATTER IF IT ENDURED TO THE NEXT OWNER BECAUSE THE NEXT OWNER WOULDN'T BE ABLE TO DEVELOP WITHOUT IT, YOU KNOW? ALWAYS KEEP IN MIND REGARDING VARIANCES.
I THINK WE'VE DONE THAT ALREADY. MY HARDSHIP IS UNIQUE TO THE PROPERTY, RIGHT? IT CAN'T BE FINANCIAL IN NATURE. SO MERELY SAVING MONEY OR MAKING MORE MONEY.
YOU'LL HEAR THAT ONE MORE OFTEN. ISN'T ENOUGH.
OKAY. NOW, I JUST SAID THAT A FINANCIAL CONSIDERATION ISN'T A HARDSHIP, BUT THE TEXAS LEGISLATURE, I THINK IN 23 ADDED THIS SECTION B 1 TO 211 009.
AND THIS RELATES SOLELY TO VARIANCES THAT ARE ASKING FOR A VARIANCE ABOUT AN EXISTING STRUCTURE, SOMETHING THAT'S ALREADY ON THE PROPERTY. AND IN THAT CASE, THEY GIVE YOU THESE PROVISIONS WHERE YOU CAN CONSIDER THE FINANCIAL ASPECT IN DETERMINING IF THERE'S A HARDSHIP.
YOU DON'T HAVE TO, BUT YOU YOU CAN. AND SO I'LL RUN THROUGH THESE REAL QUICKLY.
YOU CAN CONSIDER WHETHER THE FINANCIAL COST OF COMPLIANCE WITH THAT ZONING ORDINANCE THAT THEY WANT YOU TO PROVIDE A VARIANCE FOR IS GREATER THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE. SO THE THE LEGISLATURE SAYING, IF THAT'S THE CASE, YOU KNOW, THEN YOU CAN CONSIDER THAT THAT COULD BE A HARDSHIP.
WHETHER COMPLIANCE WOULD RESULT IN LOSS TO THE LOT ON WHICH THE STRUCTURE IS LOCATED, OF AT LEAST 25% OF THE AREA ON WHICH DEVELOPMENT COULD PHYSICALLY OCCUR. WHETHER COMPLIANCE WOULD RESULT IN THE STRUCTURE NOT BEING IN COMPLIANCE WITH ANOTHER REQUIREMENT.
WHETHER COMPLIANCE WILL RESULT IN UNREASONABLE ENCROACHMENT ON AN ADJACENT PROPERTY OR EASEMENT.
AND THAT'S USUALLY ALREADY THE CASE. AND AND THEY'RE TRYING TO GET THAT VARIANCE.
VARIANCES RELATING TO STRUCTURES. THE NEW LAW ALLOWS YOU TO CONSIDER THOSE CRITERIA, BUT IT DOESN'T ELIMINATE THE OTHER STANDARDS RELATING TO NOT BEING CONTRARY TO THE PUBLIC INTEREST, REQUIRING THAT ENFORCEMENT MUST RESULT IN AN UNNECESSARY HARDSHIP.
THE EXISTENCE OF SPECIAL CONDITIONS THAT ARE NOT SELF IMPOSED, THAT ARE UNIQUE TO THAT LAND, THEY MUST STILL BE WITHIN THE SPIRIT OF THE ZONING ORDINANCE AND SUBSTANTIAL JUSTICE MUST STILL BE DONE.
VARIANCES ARE NOT SUPPOSED TO BE EASY TO GET.
A VARIANCE IS CONTRARY TO THE ORDINANCES THAT ARE ADOPTED BY THE CITY COUNCIL AS THE ELECTED OFFICIALS OF THE CITIZENS OF THIS CITY, AND IN THE CASE OF ZONING REGULATIONS, THEY'RE ADOPTED FOLLOWING MULTIPLE PUBLIC HEARINGS.
SO TO LET SOMEONE BURY AND STRAY FROM THOSE ORDINANCES SHOULD BE VERY, VERY RARE.
VARIANCES ARE INTENDED ONLY TO BE A SAFETY VALVE REGARDING SPECIFIC SITUATIONS THAT ARE NOT CREATED BY AN APPLICANT RELATING TO FACTS ABOUT A PROPERTY THAT COULDN'T HAVE BEEN ANTICIPATED WHEN THE ORDINANCE WAS ADOPTED.
THEY'RE NOT TO BE USED TO FIX AN ORDINANCE THAT THE BOA DOESN'T LIKE TO EFFECTIVELY AMEND THE CITY'S ZONING ORDINANCE, OR TO FIX A PROPERTY OWNER'S MISTAKE, OR SOLELY TO SAVE THE PROPERTY OWNER MONEY.
OKAY. MOVING ON. NONCONFORMING USE. THE BOARD OF ADJUSTMENT HAS THE AUTHORITY TO DETERMINE ANY DISPUTE REGARDING A NONCONFORMING USE. AND WHAT A NONCONFORMING USE IS, IS WHEN A BUILDING OR A STRUCTURE OR A USE THAT'S OCCURRING ON THAT LAND, IT WAS LAWFUL WHEN IT FIRST STARTED. AND THEN THE COUNCIL ENACTED LOCAL LEGISLATION ORDINANCES THAT MADE IT ILLEGAL.
I THINK YOU MIGHT HEAR PEOPLE CALL IT BEING GRANDFATHERED.
[00:20:03]
SO IT'S GRANDFATHERED. THAT'S IT IS LEGALLY STILL, YOU CAN STILL LEGALLY DO IT EVEN THOUGH IT IS NON-CONFORMING.IT DOESN'T CONFORM TO THE CURRENT ORDINANCE. SO YOUR AUTHORITY REGARDING NON-CONFORMING USES, THE BOARD CAN AUTHORIZE REPAIRS AND MAINTENANCE OF NON-CONFORMITIES THAT ARE REQUIRED TO KEEP THOSE STRUCTURES OR PROPERTIES SAFE IN SAFE CONDITION.
AS LONG AS THEY DON'T INCREASE THE EXTENT OF THE NONCONFORMITY.
SO YOU COULDN'T INCREASE, YOU COULDN'T APPROVE AN EXPANSION, YOU KNOW, OR ALTHOUGH YOU COULD, YOU COULD APPROVE A RENOVATION OR SOME SORT OF REHABILITATION, BUT NOT AN EXPANSION OF THE FOOTPRINT.
THE BOARD OF ADJUSTMENT MAY AUTHORIZE THE RECONSTRUCTION AND OCCUPANCY OF A NON-CONFORMING STRUCTURE, WHERE THE REPLACEMENT COST IS 50% OR LESS OF THE STRUCTURE'S APPRAISED VALUE, OR YOU CAN AUTHORIZE RECONSTRUCTION WHERE REPLACEMENT COST IS GREATER THAN 50%. ONLY WITH DUE REGARD FOR THE RIGHTS OF THE PERSONS AFFECTED, THE PUBLIC WELFARE, THE CHARACTER OF THE SURROUNDING AREA, NATURE OF THE USE IN RELATION TO THE INTENT OF THE AREA, AND CONSERVATION, PRESERVATION AND PROTECTION OF PROPERTY SO THAT, YOU KNOW, THAT'S REALLY SAYING, OKAY, SO IF IF I HAD A LET'S SAY I HAD A MOBILE HOME, YOU KNOW, AND WHAT IF WE MANUFACTURED HOME? AND WHEN I PUT IT HERE ON MY LOT, IT WAS LEGAL.
AND THEN I HAD A FIRE AND IT BURNED UP. THEY DETERMINED 49%.
IT WILL COST 49% OF THE VALUE FOR ME TO REPAIR IT.
YOU CAN AUTHORIZE ME TO REPAIR THAT. BUT IF IT WAS 51%, THEN I WOULD HAVE TO COME TO YOU, AND YOU WOULD HAVE TO CONSIDER THOSE FACTORS AND DETERMINE WHETHER I GET TO REBUILD MY MANUFACTURED HOME THERE OR NOT.
AND THOSE FACTORS WOULD BE DO YOU REGARD THE RIGHTS OF THE PERSONS AFFECTED, THE PUBLIC WELFARE, THE CHARACTER OF THE SURROUNDING AREA, THE NATURE OF THE USE IN RELATION TO THE INTENT OF THE AREA AND THE CONSERVATION, PRESERVATION AND PROTECTION OF PROPERTY? AND THAT'S A LOT OF DISCRETION IN THERE.
YOU CAN ALSO DETERMINE IF A NONCONFORMING USE OR STRUCTURE HAS BEEN ABANDONED.
AND I GET THOSE CASES IN A LOT OF BOARD OF ADJUSTMENTS THAT I'VE SERVED.
IT'S USUALLY ABANDONED. WE CALL IT ABANDONED IF IT IS NOT USED FOR A PERIOD EXCEEDING 180 DAYS.
IN MAKING THAT DETERMINATION, YOU'LL CONSIDER EVIDENCE BY THE OWNER REGARDING INTENT TO ABANDON, BECAUSE WHAT STAFF WILL FIRST DO, THE STAFF WILL GIVE THEM A NOTICE THAT WE CONSIDER IT ABANDONED, AND THEN IT'S UP TO THEM TO PUT ON EVIDENCE THAT THEY DIDN'T HAVE AN INTENT TO ABANDON.
FOR INSTANCE, IF THEY WERE JUST IN THE PROCESS OF SELLING AND THE SALE GOT HUNG UP.
AND SO IT JUST HAPPENED THAT IT'S LINGERING OVER 180 DAYS, IF SOMETHING LIKE THAT.
BUT IF THERE'S NO SUCH EVIDENCE THAT'S PRESENTED, THEN THE BOARD OF ADJUSTMENT ASSUMES THAT THE INTENT WAS TO ABANDON THE USE AND THE STRUCTURE. AND THAT'S IMPORTANT THEN, BECAUSE THEN THEY NO LONGER CAN HAVE THAT NON-CONFORMING USE THERE.
THEY CAN ONLY HAVE THE USES THAT ARE ALLOWED IN THAT ZONING DISTRICT IF THE SPACE IS VACANT OF MERCHANDISE OR OTHER ITEMS NEEDED TO CONDUCT BUSINESS, OR WHERE ALL ACTIVITIES HAVE CEASED FOR 180 DAYS.
AND THEN THAT WOULD BE A DETERMINATION FOR YOU TO MAKE.
WHAT DID I DO? OH, I THINK I GOT IT. UPON A FINDING OF VIOLATION OF ANY PROVISION OF THE CODE OF ORDINANCES WITH RESPECT TO A NONCONFORMING USE OR STRUCTURE, THE BOARD OF ADJUSTMENT CAN DETERMINE THAT THE RIGHT TO OPERATE THAT NONCONFORMING USE OR STRUCTURE SHALL IMMEDIATELY TERMINATE.
SO IF WE HAVE A NONCONFORMING USE OR STRUCTURE AND THEY ARE VIOLATING LOTS OF OUR ORDINANCES AND WE'RE CITING THEM ALL THE TIME, THEN WE CAN BRING THIS TO THE BOARD OF ADJUSTMENT AND THEY CAN TERMINATE THAT.
YOU CAN TERMINATE THAT NONCONFORMING USE OR STRUCTURE.
SO I SAID A MINUTE AGO THAT, YOU KNOW, THE COUNCIL HAS NO AUTHORITY OVER THIS BOARD.
YOUR WORD IS FINAL AS FAR AS THE COUNCIL IS CONCERNED.
[00:25:01]
THERE IS JUDICIAL REVIEW THOUGH. IF A PERSON IS AGGRIEVED OF YOUR DECISION, THEY CAN APPEAL YOUR ACTION BY FILING A PETITION FOR A WRIT OF CERTIORARI IN THE DISTRICT COURT. WITHIN TEN DAYS OF THE FILING OF THE BOARD'S DECISION IN THE OFFICE OF THE BOARD.AND THAT'S WHY WE MAKE SURE WE GET THAT ORDER ENTERED AND AND PUT PUT INTO THE OFFICE QUICKLY.
AND WILL ONLY REVERSE THE BOARD IF IT FINDS THAT THE BOARD ABUSED ITS DISCRETION.
AND AND THE STANDARD FOR ABUSE OF DISCRETION IS THAT THE DECISION IS SO ARBITRARY AND CAPRICIOUS, AND IT'S WITHOUT REFERENCE TO ANY GUIDING RULES OR PRINCIPLES.
THAT IS AN EXTREMELY DEFERENTIAL STANDARD. SO THAT'S THE ONLY WAY THAT A COURT WILL WILL REVERSE YOU REVERSING IS IF IT FINDS THAT YOUR DECISION WAS ARBITRARY AND CAPRICIOUS AND WITHOUT REFERENCE TO ANY GUIDANCE, RULES OR STANDARDS.
DO WE HAVE TIME? WE ARE AT 626. OKAY. DO YOU WANT TO? WE CAN PAUSE HERE UNLESS YOU WANT TO KNOW. THE NEXT PART IS LIKE TEN SLIDES ON YOUR HAT.
IS THAT OKAY? OKAY. OKAY. I'M GOING TO IF YOU WANT TO.
WELL, LET ME ASK ANY QUESTIONS. WOULD YOU GUYS LIKE A COPY OF THESE? I CAN OKAY. WE CAN EMAIL THEM OUT. OKAY. OKAY.
NOTHING ELSE. THEN ADJOURN THE WORK SESSION. OKAY.
TIME IS NOW. 627 IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.