Zoning Board of Adjustment & Appeals
	Agenda Request
Agenda Of:	03/26/08	Agenda Request No:		II A
Initiated By:	sabine somers-kuenzel, aicp	Responsible Department:		planning
Presented By:	sabine somers kuenzel, aicp and ips consultants	Assistant Planning Director:		na
		Additional Department. Head (s):		n/a
Subject / Proceeding:	zba variances, processes, and procedures workshop
Exhibits:	ips report – the board of adjustment & vested rights with attachments
Clearances			Approval
Legal:	n/a		Director of Planning:	sabine somers-kuenzel, aicp
Recommended Action
Receive presentation; discuss.
Executive Summary
The City Council created a Taskforce in 2006 for the purpose of reviewing specific development related issues. We created two different projects – 1) recommend Development Code options to strengthen certain regulations and 2) creating a vested rights recognition process and strengthening the legal framework for the Zoning Board of Adjustment. At the end of September, 2007, we signed a contract with IPS Group to make recommendations regarding two issues – a process to deal with the Texas Vesting Statute provisions and an approach to variance decisions made by the Zoning Board of Adjustment. IPS completed its report mid-December, and we’ve reviewed it internally with the Legal Department and the City Manager’s office. In dealing with the vesting issues, the consultants have recommended a process that will not involve the Zoning Board. However, we believe the Board should be aware of the general nature of the discussions. We have therefore left the vesting portions of the report and associated attachments in your review materials. At your workshop meeting on March 26, we will focus on the Board of Adjustment research, findings, and recommendations. The consultant will be here to assist us through that process. Highlights of their findings include: ZBA variances Most cities have not further defined terms associated with variance standards Written training materials proved more helpful than verbal interviews There is very little case law in Texas that provides better guidance Of those city ordinances or case law that had a bit more guidance for their boards, they focused on what should not be considered Trend seems to be that “special conditions” should be physical characteristics of the property or building Procedures of the Board should be formal as in a court setting The pages relevant to Zoning Board actions include the following: - Pages 1-8 of the report - First half of the Questionnaire (Appendix 2) - Pages 1-3 of Relevant Cases (Appendix 3) - Appendices 4, 5, and 6 - Appendices 8, 9, and 10
Exhibits

IPS Report and Attachments