Nov 18, 2019 Zoning Board of Adjustment on 2019-11-18 5:30 PM

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. To the Texas flag, I pledge allegiance to the Texas one state under God, one indivisible. Our items for consideration include the introduction of new board member, Michael Redwine and alternate member Kate Linus. Thank you. Welcome. Glad you're here. We can just do a quick introduction just, you know, who they are obviously and why they chose to join the board. Just a quick introduction and then if we can just do the same for the rest of the commission so they know everyone's just quick background. Wonderful. Thank you. Maybe we'll start with the left side. Okay. I'm Kate Linus and I am currently the grants manager for Children's Advocacy Center for Denton County and previously I've worked for Denton County. I was director of administration for the county judge. I have taught classes as an adjunct. I've been on various different city boards including downtown task force and most recently the special called committee for bonds. It had something to do like that but it was the bonds committee so thank you. I'm very interested in just knowing what's going on in the city and serving where I can be of help so hopefully I'll have read all of my materials and ask good questions. Thank you. Perhaps Michael would like to introduce yourself? Michael Redwine. I've been in Denton for about five and a half years. I work for a company called McKesson Corporation. It's an office out of Los Kalinas. I've been a part of DC, what is it called, Fin Community Advisory Council, I think that's what it's called. I'm part of leadership Denton, gone through that, co-chair of that this year so I just wanted to be more involved with the community and be served the way I could and this is how it's coming about. Wonderful, thank you very much. This is introductions, new members Michael Redwine and Kate Linus. Emily Meisner, would you like to say something about yourself? Hi, I'm Emily Meisner. Apologies for being late. This is my second term on Zoning Board of Adjustment but first term as official member so I was promoted from alternate to member. From Denton since 1996, went to UNT, taught art, then stayed home with my kiddo, got involved in other city related issues and enjoy doing this. Eric Horton, been in Denton since 2001, stepped away from any kind of community activism until all three kids were out of high school and into college and now that they're done through that, I'm trying to be more engaged. Ron Mingier, staff liaison, I've been with the city for 14 years and if there's anything I can do to help, just let me know. Thank you. Jennifer Lane, professor at UNT and on this board for a couple years, active in the city. David Higgins, I've lived in Denton for 11 years now, I'm a retired finance professor, and I like CBA, this is my fifth year, third term, and I like CBA in part because we could make decisions here. In the past I've been on P&Z, not here, but P&Z has always been overruled by the city council. Hi, I'm Susan Seaborne, I'm an alternate on the board, relatively new. This might be my fourth or fifth meeting. I took early retirement from an IT career with IBM, and I am an adjunct Italian teacher sometimes at UNT, and I'm finishing an art degree, so art, IT, like you, Emily, and that's it. I'm Cynthia Kirkhoff, I'm the language attorney for the board. Thank you. I'm Jerry Drake, I'm with the city attorney's office also, I do litigation, but from time to time you may see me down here, if city is not available, or if we have to split dues between two attorneys. And Selena? I'm Selena Dillard, I'm an admin for planning and building inspections. Wonderful. Thank you very much. Next item is to consider approval of the minutes of October 28th and October 29th. Any second? Any discussion? Does anyone like to see them? Thank you. My envelope arrived empty. Yeah, I never got a copy. Sorry. I didn't know. I thought there was email as well, back up. Yeah, I didn't get that printed in time either. So take a minute to look at the minutes, don't feel rushed. Okay. Okay. Okay. For those who are present, perhaps I could call a vote on the approval of the minutes moved and seconded. All in favor? All opposed? Any abstentions? Okay. Item three. I'm so sorry. Can we make sure that we're speaking into the night? Oh, yes. Sorry about that. Thank you so much. Item three, which is ZBA 19-045. Receive a presentation and hold a discussion regarding Zoning Board of Adjustment Rules and Procedures. Madam Chair, Ron Magida, Development Services. I thought we'd have a quick update on some of the revisions or amendments that we're working on towards the Board's duties and responsibilities, so I thought I'd put this on the agenda. I've got a brief presentation that kind of just highlights a couple of things. I know that we've heard a presentation from Jerry Drake last month regarding our Board's rules and procedures. I wanted to just highlight a couple of things from a planning's perspective, where staff when we come to you all and when we prepare a backup, I just wanted to give you all an idea of what we are looking at, as well as our future code amendments that we're going to be working towards that affect this Board. So just wanted to give a quick update. Ron, do you need to be sworn in in any way, or is it staff can just present? I think this is just a informational mention. Thank you for that, though. As you all know, and you have a copy of the development code in front of you. Elma, you have yours, you just didn't bring it, right? Did you get a copy of it? Okay, we'll have to make sure that you get a copy of that. I think we should read it all and not let him just sit here and make it a lie. I think it was important that you all had a copy of it, and thank you, Selena, for making copies for the Board. Again, I mentioned earlier, when Jerry presented, there was a lot of references to the development code, and it would have been better if you had a copy of the DDC. So now that you have a copy, you can always reference the DEN development code, which, again, is what we use in our analysis, which, again, you guys will be referencing when you guys are considering the applications that come forward to you all. Just a quick update. House Bill 2497 was passed by the legislature, which affects how the Board processes applications. Basically, what that House Bill allows is for multiple people now that can submit an application for a variance or appeal to a variance. So it makes it more where it's not just the applicant, but it's also property owners within children's feed that can appeal a decision by staff and/or commission -- I'm sorry, Board. It also sets rules in regards to when the Zoning Board of Adjustment establishes rules, they have to go through the City Council for approval. So that is something that when we have something that would involve rules that the Board will follow, we'll make sure that we process that accordingly per state law. And again, as I mentioned earlier in my introduction, we've got code amendments and updates that we are working on, one, to reflect some of the state legislative bills that pass, but also to further clarify and make sure that we have it in our codes, the process that we are now having to address again. Last month was one specific where we met on a Monday, and then we met on a Tuesday. We met on a Monday for presentation, and then on a Tuesday, which is the next day, we considered it. We don't have that process codified. It is something that is mandated, but we wanted to make sure that we established that process, and that will be part of a code amendment that will be coming forward. You all will obviously be a part of that, but ultimately City Council will be the ones considering since it's part of the development code. I'm not going to go through all of this. I just wanted to highlight some of the sections, and this is covered on the overview that Mr. Jerry Drake presented. What I do want to highlight is Chapter 33, where it talks about signs. That section, I will make sure that you all get a copy of that. It's not in the development code. It's actually in a separate chapter, Chapter 33 of the code of ordinances. I will make sure that you guys get a copy of that. As you all know, in addition to zoning regulations and other administrative decisions, this board also considers sign variances, so we've had several of that, and those that have been on the board know that we've had several in the last year, and we will anticipate that will continue. We will continue to have sign variances brought forward to this commission or to this board. Just again to highlight, that is Chapter 33, which we will be updating as well because there are some outdated information in the sign code. We will be making that code amendment and update sometime in the near future. One of the things that I want to highlight that is in the overview, again, that was presented last month, is really the approval criteria. I'm not going to go through all of this. This is where these sections are within the development code that, again, now you have, that deal primarily with state variances that you see here in Section 281. In there, there is an applicability, procedure, and approval criteria section. What I'm going to focus on this evening is really the approval criteria. I think that is important for you all to understand, but how we prepare our staff analysis is based on those approval criteria. So I'm just going to go into that. There are, I believe, six or seven criteria manuals. They are specifically to the property in regards to is it a unique or peculiar situation, and that is one of the criteria that the board has to consider. Is it unique enough to be different from the other properties that are within the area, within the neighborhood? If so, that can be a factor in your decision and should be a factor in your decision. Does the granting of the variance, will that be detrimental or injurious to the other properties or improvements? That being said, if you approve this variance, will this affect the other property owners within the area? Is the variance the minimal response to the request? Is there something else that can be done that's less impactful? And is something that we will verify and also analyze when we present this to you all. Does the literal enforcement of the DDC result in an unnecessary hardship to that property owner? And does the intent of this DDC, granting it meet the spirit of the DDC and preserve what is in the DDC? Again, will this granting of variance or the little enforcement of the DDC create an unnecessary hardship to that property owner? E, the granting of variance is not solely to relieve a financial hardship. We're not looking at, this is going to cost me more money, it's really, we're looking at the property, the site, and specifically if it is unique in that regard. So it is not to resolve a situation that would be a financial hardship. And last, I believe is the last approval criteria is that it was not a result that was created by an owner's action when it was first developed. So does anybody have any questions on the approval criteria? It's very important that we make sure that the approval criteria is something that when you all consider it reference because as you know, any decision, both approval or denial, the board must make sure that we state the reasons and facts, factors and findings in written form and that should be based on this approval criteria, this approval criteria. So it's important that we make sure we understand the approval criteria and that when we make a decision, we are using it in, we're identifying what of the criteria managers we're basing our decisions on. Any questions? Comments? Wrong. I'm sorry. I have one question. Yes, ma'am. On F it says it did not result from the owner's actions. Is that the owner who's bringing in the request for the variance or say somebody bought the property and the previous owner? I think it's both, yes, because I mean we don't want the owner to create something and then ask for a variance. Right. Okay. An example would that be would be if, and I'm not saying this is what will happen, but say property was replatted to a point where it's not developed, that's obviously unlikely but I can't think of any other ones other than maybe an existing home because you do deal with setback requirements as well. If the property owner did something that, if he or she knew about it and then it's now asking for a variance, well, I mean, we can't do it after the fact. So I think that's the main purpose of that particular criteria. Any other questions? I think while we have a few minutes, and I know that this is the last item on the agenda I just want to make sure, wanted to again kind of highlight a little bit on the variances and I know that there's four types of variances where the Zoning Board of Adjustment would consider a project or an application. That's a straight variance under 281, an appeal of an administrative decision 283, vested rights and then relief measures as it relates to gas wells 2.56. They're all unique and there will be code amendments for each of this specifically as it relates to how appeals are considered, how appeals are processed and how appeals are if it were to be appealed to the courts. As you all know, the decision of the board is final. It does not go to City Council. It goes, if it's final and there is an appeal from the applicant, it goes to the courts. And we don't have a process yet for that specifically spelled out. And so that is one of the code amendments that we will be adding in each of these sections. So again, I mentioned it already earlier for vested rights, there was the meeting of a Monday and then the consideration on a Tuesday. That's nowhere, that's not what a council would do normally. So we have a special process specifically for the board and that will be put in our code, our development code, when we bring that forward. So just wanted to make sure that you all are aware of that and I can't think of anything else. Cynthia, was there any other code amendment that we were thinking of putting, bringing forward and having the board? Sure, I can add a few things. Just wanted to reiterate that Texas Local Government Code does require that the board have rules and that those rules be approved by City Council. And as Mr. Mangida stated, the board really has three responsibilities and you as a board make the final decision and after that point it would be appealed or could be appealed to the district court and there's some language in the Local Government Code that we could clarify in our rules about the appeal process and as part of this item it was to get this information to you in a preliminary format and then come back with rules for you to review. So just to get your thoughts on anything that you've seen so far in your few meetings here, just to present to Ron to get your questions answered. Yes, just one, I believe that most of what we've looked at is the variance situation, am I right? Correct. Where we only have to have one meeting and we would vote at that meeting but the appeal is what we had at the last meeting which is the two-part process required by state law and the city is looking at a code for the process within Denton for an applicant to file an appeal and what the steps would be following that. To formalize that, yes. This was our first since the state passed this House Bill so we were reacting but we definitely want to be proactive with upcoming, hopefully not anytime soon, but if we do have cases that are brought forward with the same situation, we are better prepared and we have the rules and procedures put in place. So it was important that since we went through it recently, we wanted to make sure that we were letting you all know that this is something that we will be bringing forward and it's important to have. That's all I have, I know that we appreciate your time and again if there's anything that staff can do, obviously you got a lot of reading to catch up on but definitely if there's something specific that you need information on, we're here to help you in and again if there's anything that we can bring forward in advance, we will do so so that you guys are well equipped and informed as we can consider these projects or these applications. Do you expect to have to put whatever you put into place into action soon? Yes. Again, we don't have anything in the pipeline right now but we want to be prepared in advance and so knowing that this is something that we need, we're going to be working, Cynthia and I and Jerry will be working on draft amendments and code, I'm sorry, updates soon and we'll definitely share with you all what that is before we move forward. One more question. Will you be waiting until after tomorrow evening's decision or? That's unrelated. Yeah, it's unrelated, it's still going to be, the process is still going to be the same no matter what. Okay. Yeah. Thanks. Alright. Again, thank you so much for your time and we'll see you maybe next month, we'll let you know. Thank you so much. If we have an item. Thanks. I'll adjourn the meeting and the meeting is adjourned at five minutes after six.