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HomeMy WebLinkAbout10-20-81 La Porte Board of Adjustment ( MINUTES OF THE LA PORTE BOARD OF ADJUSTMENT OCTOBER 20, 1981 1. Meeting called to order by Chairman Grant at 7:00 P.M. Members of the Board of Adjustment Present: Chairman Sidney Grant, Vice-Chairman John Albanese, Secretary Pam Brieden, Bill Thompson, Andy Wilson Alternates to the Board of Adjustment Present: Linda Mains Others Present: Mrs. Bill Thompson 2. The Board considered the minutes of the Regular Meeting of the La Porte Board of Adjustment held September 21, 1981. ( A motion was made by Grant to approve and adopt the minutes of the September 21, 1981, meeting as presented. Seconded by Albanese. The motion carried, 5 ayes and 0 nays. Ayes: ~ays: Grant, Albanese, Brieden, Thompson, Wilson None 3 . The Board considered proper procedure for conducting a hearing on request for variance. Lengthy discussion followed concerning proper and legal procedure. A motion was made by Grant to approve and adopt a procedure which is a part of these minutes. Seconded by Albanese. The motion carried, 5 ayes and 0 nays. Ayes: Nays: Grant, Albanese, Brieden, Thompson, Wilson None 4. Other Administrative Action: The Board discussed at length the seating of alternates in the event of a vacancy. It was decided the vacancy of a regular member should be filled on stated and special called meetings until no more than four (4) persons are seated to conduct the hearing. ! ~ Alternates will fill vacancies in the following order: 1st alternate seated - Linda Mains 2nd alternate seated - Morris Rose 3rd alternate seated - George Van Dyke 4th alternate seated - John Rivard ( Minutes, Regular Meeting, Board of Adjustment October 20, 1981, Page 2 Authority to seat alternates in any other order is vested in the Chairman* at his discretion. (*Chairman will see that alternate members are allowed time to serve on the Board in a voting capacity.) Example: When 5 regular members are present, no alternate will be seated in a voting capacity. When 4 regular members are present, no alternate will be seated in a voting capacity. When 3 regular members are present, at least one (1) alternate will be seated in a voting capacity. Section 16-100 - Zoning Ordinance 780 "All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members (Regular + Alternates when necessary)" ( In accordance with a decision rendered by the Board of Adjust- ment, three Regular members of the Board must be present at any regular or special called meeting of the Board before business can be conducted. The Board further agreed all abstentions when a vote is called for by the Chairman will be officially recorded in the minutes of the meeting as no votes. After some discussion, the Board decided the definition of "reasonable time" would be 45 days for appeals to be made from action of a City official. The Board agreed extensions of time may be granted to allow parties to gather information to present to the Board. These extensions may be granted by the Chairman for a period not to exceed the date of the next regular meeting. 5. There being no further business to be brought before the Board, the meeting was adjourned at 9:05 P.M. Respecfhl)jlY s\,bmitted:. / /' ' ~VfL/! O(-IJ>t. v' L-L/ L-C/J-~,-__ Prlm ~ricdcn Secretary , //-Vlo've ie/ {. L/' /;;-7/] "- Passed & approved this the ~7th ~ay of November~ 1981 --:7 d'/' r-j/i r-- .. ',,-1.-1: / . ( /'./v:!c J cJ _~ //Zi'~ /Sidney Grant, Chairman r 'J HEARING PROCEDURE CHAIRPERSON CALL MEETING TO ORDER CHAIRPERSON ESTABLISHES FOR THE RECORD HE HAS A QUORUM OF THE BOARD PRESENT CHAIRPERSON ADVISES THE BOARD OF THE REQUEST BEFORE THEM CHAIRPERSON ASKS IF THE PARTY MAKING THE REQUEST IS PRESENT OR HIS REPRESENTATIVE CHAIRPERSON DECIDES AFTER REVIEWING THE REQUEST IF AN OATH SHOULD BE ADMINISTERED TO THOSE PRESENT WHO WILL BE CALLED UPON TO GIVE TESTIMONY FOR OR AGAINST THE QUESTION SECRETARY TO THE BOARD WILL ADMINISTER OATH CHAIR ASKS FOR STATEMENTS FROM PARTY MAKING REQUEST OR HIS REPRESENTATIVE (LEGAL) QUESTIONS FROM THE BOARD ~ CHAIR ASKS FOR STATEMENTS FROM OPPOSITION ~ QUESTIONS FROM BOARD QUESTIONS FROM PARTY MAKING REQUEST OR LEGAL REPRESENTATION DISCUSSION BY AND AMONG THE BOARD MOTION AND SECOND BY BOARD VOTE In some instances the question may require some thought. If the Board is so inclined, they may request that a decision be con- sidered and rendered at a called meeting of that body one week from the date they hear the request. The decision should be written and mailed by certified mail to the applicant.