08/25/2015 MINUTES - Laserfiche WebLink

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Jerry Harting stated is there anyone else to speak in favor or for Mr. Glick? No response. Is there anyone from the City to speak against the appeal? Kent McIlyar stated Mr. Chairman (Jerry Haning), if he can just share a couple of things with the Board of Adjustment tonight about the reason that this case is here. Mr. McIlyar stated just to clarify any person who is aggrieved by a decision of an administrative official of the City of Paris has a right to appeal that decision to the Board of Adjustment. This is under Section 16 of the Paris city zoning ordinance and also under Section 221 of the local government code. In this instance, the appeal was the decision to revoke the permit, the building permit held by Mr. Glick. That decision was made, rendered by the chief building official Joey Sleeper on February 10, 2015. That is the decision being appealed. They also filed a variance request, a request for variance, which is also a little unusual. Mr. McIlyar stated he believes that you are probably more familiar with seeing variance requests for builders that come before the board with odd - shaped lots that might be a little too narrow or its not deep enough, setback requirements or the width requirements contained in the requirements of zoning ordinance. The zoning ordinance allows them to come before the Board of Adjustments ask for a variance of one foot, two feet, five feet, whatever it is, so that we can build this structure on the property. In this instance, the applicant, Mr. Glick has filed for a variance which appears to be that he's seeking a use variance. It's really up to Mr. Glick and his legal counsel to put on their case and convince you why they're entitled to that use variance. It is an unusual request. Mr. McIlyar stated he believes under our City's zoning ordinance that only the planning and zoning commission can change the zoning use chart and can make a decision to rezone a property, along with the city council. The city council has the final vote on rezoning a property. Alan Efrussy stated that's correct, Mr. McIlyar, and that's generally the zoning practice across the country. Kent McIlyar stated this is Mr. Alan Efrussy. He's the planning manager for the City of Paris. Alan Efrussy stated he agrees with what Mr. McIlyar said. Typically, across the country, when there is a zoning change either for a new use or modifying a use in the zoning ordinance, taking it out, making it permitted, not permitted, or a special -use permit, what typically happens is the staff makes a recommendation. Then the public hearing process goes before the planning and zoning commission, with proper notification. Then there's an advertisement in the paper or communication of general public discourse indicating that city council will also hold a public hearing, then by ordinance if city council votes. The city council will have an ordinance prepared, and then the use goes into the zoning ordinance. The council could deny, adjust, or make it a special- use permit. So essentially what Mr. McIlyar said is correct. That's the correct decision. Steve Walker stated can I respond?