WEBVTT

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 I pledge allegiance to the flag of the United States of America and to the Republic for

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 which it stands, one nation under God, indivisible, with liberty and justice for all.

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 To the Texas flag, I pledge allegiance to the Texas one state under God, one indivisible.

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 Our items for consideration include the introduction of new board member, Michael Redwine and alternate

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 member Kate Linus.

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 Thank you.

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 Welcome.

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 Glad you're here.

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 We can just do a quick introduction just, you know, who they are obviously and why they

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 chose to join the board.

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 Just a quick introduction and then if we can just do the same for the rest of the commission

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 so they know everyone's just quick background.

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 Wonderful.

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 Thank you.

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 Maybe we'll start with the left side.

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 Okay.

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 I'm Kate Linus and I am currently the grants manager for Children's Advocacy Center for

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 Denton County and previously I've worked for Denton County.

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 I was director of administration for the county judge.

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 I have taught classes as an adjunct.

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 I've been on various different city boards including downtown task force and most recently

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 the special called committee for bonds.

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 It had something to do like that but it was the bonds committee so thank you.

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 I'm very interested in just knowing what's going on in the city and serving where I can

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 be of help so hopefully I'll have read all of my materials and ask good questions.

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 Thank you.

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 Perhaps Michael would like to introduce yourself?

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 Michael Redwine.

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 I've been in Denton for about five and a half years.

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 I work for a company called McKesson Corporation.

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 It's an office out of Los Kalinas.

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 I've been a part of DC, what is it called, Fin Community Advisory Council, I think that's

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 what it's called.

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 I'm part of leadership Denton, gone through that, co-chair of that this year so I just

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 wanted to be more involved with the community and be served the way I could and this is

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 how it's coming about.

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 Wonderful, thank you very much.

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 This is introductions, new members Michael Redwine and Kate Linus.

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 Emily Meisner, would you like to say something about yourself?

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 Hi, I'm Emily Meisner.

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 Apologies for being late.

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 This is my second term on Zoning Board of Adjustment but first term as official member

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 so I was promoted from alternate to member.

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 From Denton since 1996, went to UNT, taught art, then stayed home with my kiddo, got involved

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 in other city related issues and enjoy doing this.

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 Eric Horton, been in Denton since 2001, stepped away from any kind of community activism until

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 all three kids were out of high school and into college and now that they're done through

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 that, I'm trying to be more engaged.

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 Ron Mingier, staff liaison, I've been with the city for 14 years and if there's anything

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 I can do to help, just let me know.

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 Thank you.

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 Jennifer Lane, professor at UNT and on this board for a couple years, active in the city.

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 David Higgins, I've lived in Denton for 11 years now, I'm a retired finance professor,

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 and I like CBA, this is my fifth year, third term, and I like CBA in part because we could

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 make decisions here.

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 In the past I've been on P&Z, not here, but P&Z has always been overruled by the city

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 council.

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 Hi, I'm Susan Seaborne, I'm an alternate on the board, relatively new.

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 This might be my fourth or fifth meeting.

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 I took early retirement from an IT career with IBM, and I am an adjunct Italian teacher

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 sometimes at UNT, and I'm finishing an art degree, so art, IT, like you, Emily, and that's

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 it.

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 I'm Cynthia Kirkhoff, I'm the language attorney for the board.

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 Thank you.

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 I'm Jerry Drake, I'm with the city attorney's office also, I do litigation, but from time

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 to time you may see me down here, if city is not available, or if we have to split dues

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 between two attorneys.

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 And Selena?

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 I'm Selena Dillard, I'm an admin for planning and building inspections.

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 Wonderful.

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 Thank you very much.

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 Next item is to consider approval of the minutes of October 28th and October 29th.

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 Any second?

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 Any discussion?

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 Does anyone like to see them?

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 Thank you.

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 My envelope arrived empty.

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 Yeah, I never got a copy.

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 Sorry.

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 I didn't know.

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 I thought there was email as well, back up.

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 Yeah, I didn't get that printed in time either.

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 So take a minute to look at the minutes, don't feel rushed.

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 Okay.

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 Okay.

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 Okay.

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 For those who are present, perhaps I could call a vote on the approval of the minutes

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 moved and seconded.

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 All in favor?

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 All opposed?

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 Any abstentions?

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 Okay.

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 Item three.

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 I'm so sorry.

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 Can we make sure that we're speaking into the night?

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 Oh, yes.

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 Sorry about that.

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 Thank you so much.

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 Item three, which is ZBA 19-045.

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 Receive a presentation and hold a discussion regarding Zoning Board of Adjustment Rules

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 and Procedures.

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 Madam Chair, Ron Magida, Development Services.

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 I thought we'd have a quick update on some of the revisions or amendments that we're

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 working on towards the Board's duties and responsibilities, so I thought I'd put this

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 on the agenda.

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 I've got a brief presentation that kind of just highlights a couple of things.

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 I know that we've heard a presentation from Jerry Drake last month regarding our Board's

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 rules and procedures.

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 I wanted to just highlight a couple of things from a planning's perspective, where staff

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 when we come to you all and when we prepare a backup, I just wanted to give you all an

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 idea of what we are looking at, as well as our future code amendments that we're going

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 to be working towards that affect this Board.

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 So just wanted to give a quick update.

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 Ron, do you need to be sworn in in any way, or is it staff can just present?

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 I think this is just a informational mention.

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 Thank you for that, though.

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 As you all know, and you have a copy of the development code in front of you.

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 Elma, you have yours, you just didn't bring it, right?

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 Did you get a copy of it?

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 Okay, we'll have to make sure that you get a copy of that.

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 I think we should read it all and not let him just sit here and make it a lie.

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 I think it was important that you all had a copy of it, and thank you, Selena, for making

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 copies for the Board.

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 Again, I mentioned earlier, when Jerry presented, there was a lot of references to the development

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 code, and it would have been better if you had a copy of the DDC.

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 So now that you have a copy, you can always reference the DEN development code, which,

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 again, is what we use in our analysis, which, again, you guys will be referencing when you

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 guys are considering the applications that come forward to you all.

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 Just a quick update.

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 House Bill 2497 was passed by the legislature, which affects how the Board processes applications.

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 Basically, what that House Bill allows is for multiple people now that can submit an

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 application for a variance or appeal to a variance.

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 So it makes it more where it's not just the applicant, but it's also property owners within

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 children's feed that can appeal a decision by staff and/or commission -- I'm sorry, Board.

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 It also sets rules in regards to when the Zoning Board of Adjustment establishes rules,

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 they have to go through the City Council for approval.

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 So that is something that when we have something that would involve rules that the Board will

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 follow, we'll make sure that we process that accordingly per state law.

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 And again, as I mentioned earlier in my introduction, we've got code amendments and updates that

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 we are working on, one, to reflect some of the state legislative bills that pass, but

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 also to further clarify and make sure that we have it in our codes, the process that

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 we are now having to address again.

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 Last month was one specific where we met on a Monday, and then we met on a Tuesday.

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 We met on a Monday for presentation, and then on a Tuesday, which is the next day, we considered

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 it.

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 We don't have that process codified.

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 It is something that is mandated, but we wanted to make sure that we established that process,

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 and that will be part of a code amendment that will be coming forward.

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 You all will obviously be a part of that, but ultimately City Council will be the ones

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 considering since it's part of the development code.

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 I'm not going to go through all of this.

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 I just wanted to highlight some of the sections, and this is covered on the overview that Mr.

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 Jerry Drake presented.

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 What I do want to highlight is Chapter 33, where it talks about signs.

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 That section, I will make sure that you all get a copy of that.

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 It's not in the development code.

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 It's actually in a separate chapter, Chapter 33 of the code of ordinances.

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 I will make sure that you guys get a copy of that.

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 As you all know, in addition to zoning regulations and other administrative decisions, this board

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 also considers sign variances, so we've had several of that, and those that have been

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 on the board know that we've had several in the last year, and we will anticipate that

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 will continue.

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 We will continue to have sign variances brought forward to this commission or to this board.

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 Just again to highlight, that is Chapter 33, which we will be updating as well because

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 there are some outdated information in the sign code.

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 We will be making that code amendment and update sometime in the near future.

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 One of the things that I want to highlight that is in the overview, again, that was presented

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 last month, is really the approval criteria.

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 I'm not going to go through all of this.

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 This is where these sections are within the development code that, again, now you have,

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 that deal primarily with state variances that you see here in Section 281.

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 In there, there is an applicability, procedure, and approval criteria section.

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 What I'm going to focus on this evening is really the approval criteria.

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 I think that is important for you all to understand, but how we prepare our staff analysis is based

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 on those approval criteria.

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 So I'm just going to go into that.

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 There are, I believe, six or seven criteria manuals.

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 They are specifically to the property in regards to is it a unique or peculiar situation, and

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 that is one of the criteria that the board has to consider.

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 Is it unique enough to be different from the other properties that are within the area,

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 within the neighborhood?

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 If so, that can be a factor in your decision and should be a factor in your decision.

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 Does the granting of the variance, will that be detrimental or injurious to the other properties

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 or improvements?

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 That being said, if you approve this variance, will this affect the other property owners

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 within the area?

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 Is the variance the minimal response to the request?

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 Is there something else that can be done that's less impactful?

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 And is something that we will verify and also analyze when we present this to you all.

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 Does the literal enforcement of the DDC result in an unnecessary hardship to that property

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 owner?

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 And does the intent of this DDC, granting it meet the spirit of the DDC and preserve

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 what is in the DDC?

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 Again, will this granting of variance or the little enforcement of the DDC create an unnecessary

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 hardship to that property owner?

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 E, the granting of variance is not solely to relieve a financial hardship.

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 We're not looking at, this is going to cost me more money, it's really, we're looking

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 at the property, the site, and specifically if it is unique in that regard.

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 So it is not to resolve a situation that would be a financial hardship.

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 And last, I believe is the last approval criteria is that it was not a result that was created

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 by an owner's action when it was first developed.

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 So does anybody have any questions on the approval criteria?

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 It's very important that we make sure that the approval criteria is something that when

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 you all consider it reference because as you know, any decision, both approval or denial,

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 the board must make sure that we state the reasons and facts, factors and findings in

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 written form and that should be based on this approval criteria, this approval criteria.

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 So it's important that we make sure we understand the approval criteria and that when we make

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 a decision, we are using it in, we're identifying what of the criteria managers we're basing

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 our decisions on.

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 Any questions?

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 Comments?

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 Wrong.

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 I'm sorry.

00:17:26.960 --> 00:17:27.960
 I have one question.

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 Yes, ma'am.

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 On F it says it did not result from the owner's actions.

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 Is that the owner who's bringing in the request for the variance or say somebody bought the

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 property and the previous owner?

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 I think it's both, yes, because I mean we don't want the owner to create something and

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 then ask for a variance.

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 Right.

00:17:52.120 --> 00:17:53.120
 Okay.

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 An example would that be would be if, and I'm not saying this is what will happen, but

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 say property was replatted to a point where it's not developed, that's obviously unlikely

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 but I can't think of any other ones other than maybe an existing home because you do

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 deal with setback requirements as well.

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 If the property owner did something that, if he or she knew about it and then it's now

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 asking for a variance, well, I mean, we can't do it after the fact.

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 So I think that's the main purpose of that particular criteria.

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 Any other questions?

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 I think while we have a few minutes, and I know that this is the last item on the agenda

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 I just want to make sure, wanted to again kind of highlight a little bit on the variances

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 and I know that there's four types of variances where the Zoning Board of Adjustment would

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 consider a project or an application.

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 That's a straight variance under 281, an appeal of an administrative decision 283, vested

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 rights and then relief measures as it relates to gas wells 2.56.

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 They're all unique and there will be code amendments for each of this specifically as

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 it relates to how appeals are considered, how appeals are processed and how appeals

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 are if it were to be appealed to the courts.

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 As you all know, the decision of the board is final.

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 It does not go to City Council.

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 It goes, if it's final and there is an appeal from the applicant, it goes to the courts.

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 And we don't have a process yet for that specifically spelled out.

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 And so that is one of the code amendments that we will be adding in each of these sections.

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 So again, I mentioned it already earlier for vested rights, there was the meeting of a

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 Monday and then the consideration on a Tuesday.

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 That's nowhere, that's not what a council would do normally.

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 So we have a special process specifically for the board and that will be put in our

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 code, our development code, when we bring that forward.

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 So just wanted to make sure that you all are aware of that and I can't think of anything

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 else.

00:20:35.800 --> 00:20:40.360
 Cynthia, was there any other code amendment that we were thinking of putting, bringing

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 forward and having the board?

00:20:43.200 --> 00:20:47.480
 Sure, I can add a few things.

00:20:47.480 --> 00:20:54.160
 Just wanted to reiterate that Texas Local Government Code does require that the board

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 have rules and that those rules be approved by City Council.

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 And as Mr. Mangida stated, the board really has three responsibilities and you as a board

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 make the final decision and after that point it would be appealed or could be appealed

00:21:14.000 --> 00:21:22.240
 to the district court and there's some language in the Local Government Code that we could

00:21:22.240 --> 00:21:31.240
 clarify in our rules about the appeal process and as part of this item it was to get this

00:21:31.240 --> 00:21:37.120
 information to you in a preliminary format and then come back with rules for you to review.

00:21:37.120 --> 00:21:46.720
 So just to get your thoughts on anything that you've seen so far in your few meetings here,

00:21:46.720 --> 00:21:50.720
 just to present to Ron to get your questions answered.

00:21:50.720 --> 00:21:56.400
 Yes, just one, I believe that most of what we've looked at is the variance situation,

00:21:56.400 --> 00:21:57.400
 am I right?

00:21:57.400 --> 00:21:58.400
 Correct.

00:21:58.400 --> 00:22:02.200
 Where we only have to have one meeting and we would vote at that meeting but the appeal

00:22:02.200 --> 00:22:08.320
 is what we had at the last meeting which is the two-part process required by state law

00:22:08.320 --> 00:22:17.920
 and the city is looking at a code for the process within Denton for an applicant to

00:22:17.920 --> 00:22:20.800
 file an appeal and what the steps would be following that.

00:22:20.800 --> 00:22:25.240
 To formalize that, yes.

00:22:25.240 --> 00:22:32.860
 This was our first since the state passed this House Bill so we were reacting but we

00:22:32.860 --> 00:22:39.680
 definitely want to be proactive with upcoming, hopefully not anytime soon, but if we do have

00:22:39.680 --> 00:22:45.680
 cases that are brought forward with the same situation, we are better prepared and we have

00:22:45.680 --> 00:22:48.720
 the rules and procedures put in place.

00:22:48.720 --> 00:22:54.440
 So it was important that since we went through it recently, we wanted to make sure that we

00:22:54.440 --> 00:23:00.420
 were letting you all know that this is something that we will be bringing forward and it's

00:23:00.420 --> 00:23:04.880
 important to have.

00:23:04.880 --> 00:23:13.360
 That's all I have, I know that we appreciate your time and again if there's anything that

00:23:13.360 --> 00:23:21.220
 staff can do, obviously you got a lot of reading to catch up on but definitely if there's something

00:23:21.220 --> 00:23:27.380
 specific that you need information on, we're here to help you in and again if there's anything

00:23:27.380 --> 00:23:32.560
 that we can bring forward in advance, we will do so so that you guys are well equipped and

00:23:32.560 --> 00:23:40.600
 informed as we can consider these projects or these applications.

00:23:40.600 --> 00:23:47.600
 Do you expect to have to put whatever you put into place into action soon?

00:23:47.600 --> 00:23:48.600
 Yes.

00:23:48.600 --> 00:23:55.720
 Again, we don't have anything in the pipeline right now but we want to be prepared in advance

00:23:55.720 --> 00:23:59.320
 and so knowing that this is something that we need, we're going to be working, Cynthia

00:23:59.320 --> 00:24:06.560
 and I and Jerry will be working on draft amendments and code, I'm sorry, updates soon and we'll

00:24:06.560 --> 00:24:10.640
 definitely share with you all what that is before we move forward.

00:24:10.640 --> 00:24:11.640
 One more question.

00:24:11.640 --> 00:24:17.280
 Will you be waiting until after tomorrow evening's decision or?

00:24:17.280 --> 00:24:18.280
 That's unrelated.

00:24:18.280 --> 00:24:23.480
 Yeah, it's unrelated, it's still going to be, the process is still going to be the same

00:24:23.480 --> 00:24:24.680
 no matter what.

00:24:24.680 --> 00:24:25.680
 Okay.

00:24:25.680 --> 00:24:26.680
 Yeah.

00:24:26.680 --> 00:24:27.680
 Thanks.

00:24:27.680 --> 00:24:28.680
 Alright.

00:24:28.680 --> 00:24:32.720
 Again, thank you so much for your time and we'll see you maybe next month, we'll let

00:24:32.720 --> 00:24:33.720
 you know.

00:24:33.720 --> 00:24:34.720
 Thank you so much.

00:24:34.720 --> 00:24:35.720
 If we have an item.

00:24:35.720 --> 00:24:36.720
 Thanks.

00:24:36.720 --> 00:24:43.040
 I'll adjourn the meeting and the meeting is adjourned at five minutes after six.

