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HomeMy WebLinkAbout1996-01-30 RecommendationCity of Iowa City MEMORANDUM Date: January 23, 1996 To: From: City Council ~ Melody Rockwell, Associate Planner/Board of Adjustment Secretary Re: Proposed Amended Board of Adjustment Procedural Rules On January 10, 1996, the Board of Adjustment voted to approve amended procedural rules, and to forward these amended procedural rules to the City Council for its approval following review by the Council Rules Committee. Attached are the proposed procedural rules, a copy of the Board's current procedural rules for comparison, and a background memorandum dated Dece.~ber 28. The January 10 Board of Adjustment minutes contain the Board's discussion o~ this item. If them are changes to the procedural rules that the Council Rules Committee would like to recommend, these can be considered by the Board at its next meeting on March 13, 1996. If you have any questions concerning the Board's proposed procedural rules, please call me at 356- 5251. Thank you for your consideration. hi'Yules Proposed 1-10-96 Bold print = new text Italics = Board amendments PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I, AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa, Section 14-4B, City Code, City of Iowa City, Iowa and through the adoption of these procedural rules stated herein, ARTICLE II, MEMBERSHIP: Section 1, Qualifications, The Board of Adjustment shall consist of five (5) members appointed by the City Council, All members of the Board shall be qualified electors of the City of Iowa City, Iowa. A majority of the members of the Board shall be persons repre- senting the public at large; a majority of the Board shall not be involved in the business of purchasing or selling real estate. (State Code Section 414.8) Section 2. Compensation. Members shall serve without compensation, but may be relm- bursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, a new member shall be provided with a copy of the City Zoning Chapter, the Comprehensive Plan, the Board's procedural rules and other information that would be useful to Board members in carrying out their duties. Each new member shall be given an orientation briefing by City staff. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shallbe removable for cause by the City Council upon written charges and after public hearing. (State Code Section 414.8/City Code Section 14-4B-2) Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled for the unexpired term by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one year or less remaining may be reappointed for one full five (5) year term. Section 7. Resl.qnations. Resignations should be submitted in writing to the Board Secretary, who will transmit the resignation to the Mayor with copies to the City Manager, the Director of Planning and Community Development, and the Board Chairperson, prefera- bly at least 60 days prior to the date of intended departure. Procedural Rules Iowa City Board of Adjustment Page 2 ARTICLE III. OFFICERS: Section 1. Number. The officers of the Board shall be a Chairperson and a Vice-Chairper. son, each of whom shall be elected by the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community Development. Section 2. Election and Term of Office. The Chairperson and Vice-Chairperson shall be elected annually at the first regular meeting in January each year; if the election of officers cannot be held at such meeting, such election shall be held as soon thereafter as is practicable. Section 3. Vacancies. A vacancy in the office of Chairperson or Vlce-Chairpemon because of death, resignation, removal, disqualification or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings ar.d in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. (State Code Section 414.9) Section 5. Vice-Chairperson. The Vice-Chairperson, who shall act as Chairperson when the Chairperson is absent or abstaining, shall perform the duties of the Chairperson when so acting, and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the Chairperson and Vice-Chairperson, the remaining three-member Board may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7. Secretarv. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law and for maintain- ing minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1. Application Forms. Any application for a request or appeal to the Board of Adjust- ment shall be filed with the City Clerk on forms provided by the Secmtan/of the Board. The Secretary's office is located in the Department of Planning and Community Development. Forms are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit all documents constituting a record, upon which the Board shall act, to the Secre- tan/of the Board. Section 2. Application Submittal. Applications or appeals to the Board shall be filed with the City Clerk within a reasonable time after the action appealed from, and shall specify the grounds Procedural Rules Iowa City Board of Adjustment Page 3 for such appeal. An appeal from a decision of the Building Inspector to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten (10) days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way. (8/4/83) Section 3. Application Filing Fee. The applicant shall complete the required forms, providing all information requested on the form, and any additional information as requested by the Secre- tary of the Board. A filing fee shall be paid upon presentation of the application. The fee shall be established by resolution by the City Council. Section 4. Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5, Case Number. An application filed according to the above procedure shall be given a case number in the order in which it is received, within five working days of the date filed. ARTICLE V. NOTICE: Section 1. Notice Letters. No less than seven days prior to the publ'c hearing, the Secretary of the Board shall notify by mail of the time, place, and purpose of the public hearing all property owners of record within 200 feet of the affected property, as provided by the applicant. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secre- tary of the Board. (01/08/92) Section 2. Newspaper Notice. The Secretary of the Board shall give no less than 7 days public notice in a newspaper of general circulation as required by law. (10/10/90) Section 3. Notice Sign. No less than seven days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. (10/10/90, 01/08/92) ARTICLE VI. HEARING: Section 1. Regular Hearings. Hearings are generally held by the Board of Adjustment at 4:30 p.m. on the second Wednesday of the month at the Civic Center Council Chambers. Section 2. Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three or more members of the Board. Section 3. Place of Hearln.qs. All hearings of the Board shall be open to the public and shall be in a place accessible to persons with disabilities. Section 4..Quorum. At least three members of the Board must be present to constitute a quorum. Section 5. Applicant Representation. The applicant may, at the time of the public hearing, appear in his/her own behalf and may be represented by agent and/or counsel. The applicant or his/her representative may present oral argument and testimony, witnesses including experts, Procedural Rules Iowa City Board of Adjustment Page 4 and may submit written evidence and exhibits in the form of statements, photos, charts or other relevant evidence. In the absence of the applicant or his/her representative(s), the Board may proceed to act on the ma~er based on the information provided. Section 6. Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7. Conduct of Hearin.q. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony which is overly redundant. The Chair may provide for recesses during the deliberations, as appropriate. Section 7. Hearing Order, The order of the hearing shall be as follows: Staff presentation of the facts of the case and recommendation to the Board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion. Section 8. Board Deliberation. After all parties have been heard, the public hearing will be declared closed, so that the Board may deliberate the case, and state Its findings of fact and conclusions of law. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant any time before a decision of the Board is made. Section 9. Board Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 10. Board Votinq. After a motion and discussion, the Board shall be polled for votes. The concurring vote of three (3) members of the Board shall be necessary to uphold an appeal of a Zoning Chapter interpretation, or to decide In favor of the applicant to grant a special exception as provided for under the Zoning Chapter or to grant a variance to the Zoning Chapter. Voting on Board decisions wlll be by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chairperson, is required to cast a vote upon each motion. There shall be no vote by proxy, however, a member may abstain if the member believes there is a conflict of interest. A member who elects to abstain from voting shall state the reason for the abstention at the time of voting. Prior to the discus° sion of the matter under consideration, a member who plans to abstain from voting should so inform the Board, and refrain from discussion and deliberation on a case where a conflict of interest exists for that member. Procedural Rules Iowa City Board of Adjustment Page 5 Section 11. Legal Advisor. The City Attorney or his/her representative shall act as legal counsel to the Board. Section 12. Except as otherwise provided herein, Roberts Rules of Order shall be used where applicable. ARTICLE VII. RECORDS: Section 1. Record of Hearlnqs. Hearings shall be taped and such tapes shall be kept for a period no less than six weeks. Minutes shall be kept by a minute-taker, and forwarded to the City Council after approval by the Board, or the Secretary of the Board. All minutes shall be main- tained by the Secretary of the Board and shall also be on file at the City Clerk's office. The applicant may request a court reporter at his/her own expense. Section 2. Case Files. The Secretary of the Board shall keep a file of all cases including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request at cost. Section 3. Transcrll~t. Upon request, a transcript of the tape of the Board's deliberations is available at cost. ARTICLE VIII. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are concluded. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclu- sions of law. Section 3. Decisions shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate dates and time of filing. The Clerk wlll forward the decisions to the Johnson County Recorder's office for recording. Section 4. A copy of said Decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the Legal Department, and the Attorney of Record within a reasonable time after filing with the City Clerk. ARTICLE IX. AMENDMENTS TO PROCEDURAL RULES. Section 1. A concurring vote of three of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. ppdadmin~boarules IOWA CITY BOARD OF ADJUSTMENT PROCEDURAL RULES Adopted: Amended: March 11, 1982 August 4, 1983 October 10, 1990 January 8, 1992 Adopted: 03111/82 Amended: 08104/83 10/10/90 0~/08/92 L BOARD OF ADJUSTMENT - PROCEDURAL RULES APPLICATIONS ~e y~,appli .ca. tiop fo_r.a request or appeal to th.e Board of Adjustment shall meawith the C~ty Clerk o.n forms pr. owded by the Secre _tary of .the Board. The Secretary's office ~s located m the D..epartment of Planning ~a~.d Program Development. F.0~L,~ are also available in the office of the City Clerk. In the appropriate cases, the Building Inspector shall transmit all doc~,ments constituting a record, upon which the Board shall act, to the Secretary of the Board. Applications or appeals to the Board shall be filed with the Cit Clerk with~.'n a reasonable t~me after the action appealed from, ~ shall s~pe.~ thee grounds for. such app.eal: An appeal from a decision of the ~mivang ~nspecto.r to. ~ssue a building permit shall not be deemed to have been filed vnthin a reasonable time if such appeal is filed more t~han te,n,(l~0) days. after construction work pur.sua. nt to such permit is ooservanie xrom adjacent properties or the pubhc right-of-way. (8/4/83) .Thee applicant shall. complete the required .f. qrms, .providi.n.g all mtbrmation requested on the form, and any .additional information as requested by thee S. ecretary of the Board. A filing fee shall be aid u on pres.en.tation of the apphcation. The fee shall be estaL~shedPbv resolution by the City Council. ~ Requests for a.variance or special exception must be filed on behalf of the real party m interest, such as the owner or contract purchaser. An application filed according to the above procedure shall be given a case n~mber in the order in which it is received, within five working days of the date filed. NOTICE No less than seven days p. rior to th.e public hearing, the Secretary of the Board shall notify by mml of the time, place, and purpose of the public hearing all property owners of record within 200 feet of the affected property,_a.s provided by the applicant. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. (01/08/92) .The Secretary of the Board shall give no less than 7 days public notice m a newspaper of general circulation as required by law. (10/10/90) No less .than seven days. prior to the public hearing, the Applicant shall post a sign on or near the prope.rty u on which the a plication is being ~ad.e, and .shall r.e. mo.ve the s~gn ~mmediately fol~olwmg the public nearing on the apphcat~on. (10/10/90, 01/08/92) 2 IIl. HEARING A. Heatings are generally held by the Board of Adjustme.nt at the Civic Center Council Chambers and shall be open to the public. B. The applicant may, at the time of the public hearing, appear in his/her own behalf and may be represented by agent and/or counsel. The applicant or his/her representative may present oral arg~ment and testimony, witne. ss. es. including experts, and may submit written evj'dence and. exhibits ~n the form of statements, photos, charts or other relevant e.~dence. In the absence of the applicant or his/her representative(s), the Board may proceed to act on the matter based on the information provided. C. The Board may request written briefs for legal arg~ment. Applicants may submit written briefs if they so choose. D. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair witnesses and direct order of testimony. The Chair s~ swear avoid testimony w. hich is o¥~rly redundant. The Chair may provide for recesses during the deliberations, as appropriate. E. The order of the hearing shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the Board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion. After all parties have been heard, t. he public hearing will be declared closed, so that the Board may dehberate the case. The Board may request additional comments from the participants. G. The City Attorney or his/her representative shall act as legal counsel to the Board. After a motion and discussion, the Board shallbe polled for votes. may be withdrawn any time before a decision of the H. An application Board is made. RECORDS A. Hearings shall be taped and such tapes shall be kept for a period no longer than six wee.ks. Minu~s shaft be kept by a minute-taker, and forwarded to the C~ty Council after approval by the Board, or the Secretary of the Board. All minutes shall be maintained by the 3 Secretary of the Board and shall also be on file at the City Clerk's office. The applicant may request a court report at his/her own expense. B. The Secretary of the Board shall keep a file of all cases including form~ and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request at cost. C. Upon request, a transcript of the tape of the Board's deliberations is available at cost. DECISIONS A. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are concluded. B. Formal Decisions shall be made in writing, setting forth findings of fact and conclusions of law. C. Decisions shal', be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate dates and time of filing. D. A copy of said Decision shall be forwarded by the Secretary of the Board t.o the applicant, the B. uil. ding Inspector, the Legal Department, and the Attorney of Record vnthin a reasonable time after filing with the City Clerk. AMENDMENTS TO PROCEDURAL RULES A. A vote of three of the members of the Board shall be necessary to amend .these procedural rules. Such proposed amendments shall be presented ~n writing at any regular meeting of the Board of Adjustment. pl~ladrnin\boaprc.fl City of iowa City MEMORANDUM Date: To: From: Re: December 28, 1995 Iowa City Board of Adjustment Melody Rockwell, Associate Planner Election, Procedural Rules, Correspondence on the Streit Case & the Amendment of the van der Woude Decision Election & Procedural Rules. Traditionally, the Board has elected its Chair and Vice-Chair at the first meeting of the new year, usually in January. In checking the Board's procedural rules, I discovered there were no provisions for election of officers. However, Anne Burnside, legal counsel to the Board, feels it would be appropriate to proceed with the election of the Chairperson and Vice-Chairperson at your January meeting, as it has traditionally been done for many years, and then attend to amending the procedural rules to clarify the election procedures. City Code Section 14-4B-3A states that "the Board shall adopt rules to establish the time and place of meetings, the procedure for selecting a chairperson and vice-chairperson, who shall act as chairperson when the chairperson is absent or abstaining, and such other procedural rules as are necessary to implement the provisions of this Article [concerning the Board of Adjustment]." The Board has no by-laws on file, and the Board's procedural rules, as adopted, are limited to sections on applications, notice requirements, hearing procedures, record keeping, decisions and a provision for amending the procedural rules. Enclosed is a copy of the Board's procedural rules. An amended version of the procedural rules has been prepared for your consideration. The new text is printed in bold, and has primarily been adapted from the Planning and Zoning Commission by-laws. Excerpts from the State Code are noted in italics. Questions that have arisen in the past about when and if a special meeting should be called, voting procedures, and the election of officers may be clarified by having a more complete set of procedural rules. Following the Board's review and approval of its procedural rules, the City Council's Rules Committee will review the rules and forward a recommendation to Council concerning adoption of the rules. If the Rules Committee recommends substantive changes, the procedural rules will be returned to the Board to see if you concur with the recommended changes. This process may take some time to work through. There is no need to rush the process. It is more important to end up with a document that clearly states how the Board should operate and what its limits are. Please review the proposed, amended procedural rules with scrutiny, and feel free to propose changes. EXC95-0021. 200 Scott Court. On September 13, 1995, the Board denied the request submitted by John and Ada Streit for special exceptions to permit a restaurant greater than 2,500 square feet in size, and to modify the parking requirements for property located in the CN-1 zone at 200 Scott Court. Enclosed for your information is correspondence relating to the case. 2 EXC95-0025. 519 Brown Street, On September 13, 1995, the Board approved a request submitted by Steve van der Woude for a special exception to permit a front yard modification for a front porch. There was an error in the both the staff report and the decision language, Instead of reducing the front yard requirement to 9.5 feet, the front yard requirement should have been reduced b_~ 9.5 feet to 5,5 feet, as shown on the site plan that van der Woude submitted with the application, The error was corrected through a recorded affidavit, which is enclosed.