RULES
COMMITTEE OF COUNCIL
CITY HALL, 100 LOCKVILLE ROAD
MONDAY, AUGUST 2, 2004
7:00 P.M.
1. ROLL CALL. Mrs. Riggs called the meeting to order at 7:04 P.M., with roll call as follows: Mrs. Riggs and Mr. Hackworth were present. Mr. Wright was absent. Others present were: Michael Sabatino, Mitch O’Brien, Dennis Boruszewski, Lynda Yartin, Judy Gilleland, and others.
2. APPROVAL OF MINUTES OF July 7, 2004, Regular Meeting. Mr. Hackworth moved to approve; Mrs. Riggs seconded the motion. Roll call was taken with Mr. Hackworth and Mrs. Riggs voting “Yea.” Motion passed, 2-0.
3. SCHEDULED MATTERS:
A. Review and discussion regarding variances granted by the Board of Zoning Appeals. Mrs. Riggs stated at the last Rules meeting the Committee had requested staff research to see if we had an issue with the variances granted and a report was provided. Mr. Sabatino stated he did not think there was a big number of variances granted, and his concern was more from a procedural standpoint. He stated the garage he had referenced perhaps should have been handled differently administratively and perhaps would not have had to go to the Board of Zoning Appeals. Mr. Sabatino stated he understood Ms Gilleland was going to do an internal review to see if perhaps a rezoning as opposed to a variance would have been appropriate. Mr. Sabatino stated as this property did not apply as an R-4, why we didn’t consider recommending it be rezoned rather than creating such a large exception with the variance. Mr. Sabatino stated he felt Council needs to look at how things flow when a request comes in the door, how they flow, where they end up, and why. He stated the path that it takes may or may not be the best path. Ms Gilleland stated rezoning is not always appropriate as you do not want spot zoning here and there. Mr. Sabatino stated zoning regulations should apply regardless of the lot size.
Mr. Hackworth stated if the Board of Zoning Appeals acted appropriately, and he felt they did, then the issue of this garage is moot. He stated if it is a zoning issue, it should probably be taken up through the Planning and Zoning Commission and Service Committee. Mr. Hackworth stated the purpose of a Board of Zoning Appeals is to handle situations that come up and require a variance. He stated it would not be possible to write a zoning code that covers every situation, we need the ability to handle these exceptions, and that is what the Board of Zoning Appeals does. Mr. Hackworth stated he did feel our zoning code should be looked at as he has seen several areas that are very difficult to understand as well. Ms Gilleland stated she agreed with Mr. Hackworth that our zoning code should be looked at, and she is considering having a work session with Planning and Zoning and the Board of Zoning Appeals, just to discuss design criteria, and this issue might also be a topic added for discussion. Mr. Hackworth stated he does not feel there is anything that could be done on the garage Mr. Sabatino was referring to since it has been built. Mr. Sabatino stated again, his concern was that the Board was creating new policy when they allow a variance that is triple the amount that is in the Code. Mrs. Riggs stated she could see the rationale used by the Board of Zoning Appeals for granting a variance for that size garage. She stated based on the amount of land owned by the applicant, the garage is proportionate with the land. Mr. Sabatino stated it is still not compatible with our Code. Mrs. Riggs stated if Mr. Sabatino wanted Ms Gilleland to go back and find out why it was not suggested the property be rezoned, that would be the question to ask. Mr. Sabatino stated he was under the impression that was the direction we were going to look in. Ms Gilleland stated she would look into this and get back with Mr. Sabatino. Mr. Sabatino stated he just felt we should be concerned when we have things that appear to be way outside the norm being called a variance. Mr. Hackworth stated he still felt these issues should be dealt with when we are reviewing the entire Zoning Code. Mrs. Riggs requested Ms Gilleland to provide a memorandum when she had obtained the information Mr. Sabatino had requested, and this item would be removed from the Rules Committee agenda.
4. CHAIRMAN: Mrs. Riggs stated she had nothing to bring forward.
5. OTHER BUSINESS: No other business was brought forward.
6. ADJOURNMENT: There being nothing further, Mr. Hackworth moved to adjourn; Mrs. Riggs seconded the motion. Mrs. Riggs and Mr. Hackworth voted “Aye.” Motion carried, 2-0. The meeting adjourned at 7:18 P.M., August 2, 2004.
RESPECTFULLY SUBMITTED:
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Lynda D. Yartin, Municipal Clerk