**CANCELLED** Board of Adjustment

BOARD OF ADJUSTMENT Thursday, July 20, 2023 Council Chamber Regular Session 7:00 PM FIRST FLOOR OF CITY HALL 7008 S. RICE AVENUE BELLAIRE, TX 77401 Agenda Chair Jerry Borowick Vice Chair Board Member Board Member Maureen Gilbert Lilly Gilmer Felicia Lewin Board Member Board Member Board Member Bharat Raval Alan Westfall Gigi White City of Bellaire Texas Page 1 of 12 Agenda Board of Adjustment July 20, 2023 REGULAR SESSION - 7:00 P.M. 1. Call to Order 2. Pledge to the Flag (US and Texas) US Pledge: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. Texas Pledge: Honor the Texas Flag: I pledge allegiance to thee, Texas one state under God, one and indivisible. 3. Certification of a Quorum 4. Approval of Minutes 5. Reports from Officers, Committees, Sub-Committees and Communications Board Members Have Outside the Meeting 6. Swearing in New Board Members (Incoming Board Assumes Duties and Outgoing Board Retires) 7. Introduction of Incoming Board Members 8. Election of Chair and Vice Chair 9. New Business 1. Adoption of Rules and Procedure 2023-2024_BOA_Rules of Procedure 2. Approval of the Board of Adjustment's 2024 Application Submittal Deadline Calendar 2024 BOA Submittal Calendar 10. General Comments from the Public (Limitations: Six (6) minutes per speaker with extensions in two (2) minute increments as approved by a majority vote of the Board Members present). 11. General Comments from Board Members 12. Announcements 13. Adjournment City of Bellaire Texas Page 2 of 12 Rules of Procedure Board of Adjustment City of Bellaire, Texas 2023-2024 Term Last Adopted: July 2023 Page 3 of 12  TABLE OF CONTENTS ARTICLE I….Name and Authority ................................................................................................................... 1 ARTICLE II…Definitions................................................................................................................................... 1 ARTICLE III...Membership……………………………………………………………………………………………………………………………2 ARTICLE IV...Officers……………………………………………………………………………………………………………………………………2 Section A…. Officers Named ......................................................................................... 2 Section B. ... Chair’s Duties ............................................................................................ 2 Section C. ... Vice-Chair’s Duties . ...... ..... ...... ..... ...... …….……………….………………………..2 ARTICLE V…Meetings.................................................................................................................................... .2 Section A…. Quorum Requirement ............................................................................... 2 Section B. ... First Meeting of a New Board ................................................................... 2 Section C. ... Regular Meetings ...................................................................................... 3 Section D…. Special Meetings ....................................................................................... 3 Section E. ... Open Meetings Act.................................................................................... 3 Section F. ... Adding Agenda Items ................................................................................ 3 Section G. ... Sign-Up-Form for Speakers ....................................................................... 3 Section H. ... The Agenda ............................................................................................... 3 Section I. .... Motions in the Affirmative ........................................................................ 4 Section J. .... Previous Question ..................................................................................... 4 Section K. ... Revising the Order of the Agenda During a Meeting ................................ 4 ARTICLE VI…Docket Items.............................................................................................................................. 4 Section A. ... Numbering Docket Items .......................................................................... 4 Section B. ... Timing of Docket Items ............................................................................. 4 Section C. ... Method of Appeal ..................................................................................... 4 Section D. ... Time Limitation of Order or Relief Granted............................................... 4 Section E. ... Notification ............................................................................................... 4 Section F. ... Precedents ................................................................................................ 4 Section G. ... Advice and Moot Questions ...................................................................... 4 Section H…..Fees..…………………………………………………………………………..………………………….4 Section I……Application for Re-Hearings ....................................................................... 4 Section J.…..Withdrawal of Application ........................................................................ 5 Section K…..Disposition…………………………………………..…….…………………………………………...5 Section L…..The Lack of a Quorum for A Variance Hearing………………………………….………5 Section M…Special Exception or Variance Parking Requirement………………………….…….5 ARTICLE VII. Civil and Parliamentary Authority .............................................................................................. 5 Section A. ... Construction of Authority ......................................................................... 5 Page 4 of 12  Section B. ... Reference to State and Local Statutes ...................................................... 5 Section C. ... Parliamentary Authority ............................................................................ 5 ARTICLE VIII. .....Amendments to Rules of Procedure ................................................................................... 5 Section A… Amending by Existing Board ....................................................................... 5 Section B. ... Annual Review........................................................................................... 6 Section C… Approval by City Council…………………………………………………………………………..6 ADOPTION OF RULES OF PROCEDURE........................................................................................................... 6 Page 5 of 12  ARTICLE I Name and Authority The name of this body is the Board of Adjustment pursuant to state and local law. The Board is authorized within the statutory guidelines contained in Sections 211.008 - 211.011, of the Texas Local Government Code and Chapter 2, Administration, of the City of Bellaire Code of Ordinances. ARTICLE II Definitions Appeal: A process to permit a request for relief through application by a person aggrieved by a decision of the City Building Official pursuant to Bellaire’s Planning and Zoning Regulations. Appellant: A person aggrieved by a decision made by the City Building Official affected by the decision, who appeals in person or through his or her designated representative for relief to the Board of Adjustment. Applicant: A person who requests in person or through his or her designated representative, either a spe- cial exception to the terms of Bellaire’s Planning and Zoning Regulations or a request for a variance from the terms of Bellaire’s Planning and Zoning Regulations. Application: An appeal or a request for a variance or a special exception in writing specifying the grounds for an appeal contained in a standardized form issued by the City Building Official. Board of Adjustment: A public and quasi-judicial body charged with the duty to hear and determine zoning appeals, special exceptions and variances pursuant to Section 211.009 of the Texas Local Government Code and Section 2-112 of the Bellaire Code of Ordinances. City Building Official: The person duly appointed by the City Manager of the City of Bellaire, as provided by Chapter 24 of the Bellaire Code of Ordinances, charged with the duty and obligation of issuing permits and certificates of occupancy and with the responsibility for enforcing the provisions of the Planning and Zoning regulations for the City of Bellaire. Error: Refer to Section 211.009(a)(1), Texas Local Government Code. Hardship: A determination to be made by a Board of Adjustment or, in the event of its Appeal to a District Court. It is defined in Black’s Law Dictionary as a condition, which may be unreasonable, unduly oppressive, arbitrary or confiscatory which, if, found to be true in the opinion of a Board of Adjustment, is grounds for the granting of a variance. The burden of proof of such hardship lies with an applicant. Parking Demand Analysis: A survey or report that provides details of parking demand/supply for a proposed project. The means of data collection and calculations to determine parking requirements must be designed in accordance with Institute of Transportation Engineers Parking Generation. Parking Plan: A site plan that identifies all parking space locations for a proposed project whether onsite or offsite. Special Exception: Refer to Section 211.009(a)(2), Texas Local Government Code. Staff Liaison: The city staff member appointed by the City Manager of the City of Bellaire to assist the Board of Adjustment. Variance: Refer to Section 211.009(a)(3), Texas Local Government Code. Zoning: A power over land use granted to a city pursuant to Chapter 211, Texas Local Government Code, for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance. Page 6 of 12  ARTICLE III Membership Membership to the Board of Adjustment is by appointment made by the Mayor and the City Council of the City of Bellaire, Texas pursuant to Section 2-112 of the City of Bellaire, Texas as amended. The membership of the Board of Adjustment is seven (7) members, each with a two year term alternatively, such that four (4) members are appointed to a two (2) year term in one year and three (3) members are appointed to a two (2) year term in the following year. Vacancies shall be filled by the Mayor and City Council as necessary. ARTICLE IV Officers Section A. Officers Named: The officers shall be Chair and Vice-Chair. The Board shall elect the Chair and Vice-Chair at the first meeting of a newly appointed Board pursuant to Section 2-112 of the Code of Ordinances of the City of Bellaire. Section B. Chair’s Duties: The Chair is the Presiding Officer and Spokesperson for the Board. Section C. Vice-Chair’s Duties: The Vice- Chair shall serve as Chair in the absence of the Chair. ARTICLE V Meetings Section A. Quorum Requirement: A quorum of the Board shall be a majority of the Board [or four (4) members of a seven member Board] provided however, that if docket items and/or cases before the Board are heard, the quorum for such item shall be not less than 75% [or six (6) members of a seven (7) member Board] of the Board pursuant to Section 211.008 (d) of the Texas Local Government Code. Section B. First Meeting of a New Board: The first meeting of a new Board shall be a joint meeting of the outgoing (old) Board and the incoming (new) Board. The outgoing Chair shall call the meeting to order and shall preside until the new Chair is elected. There shall be no Docket Items for any variance, appeal, or exception on the agenda for this meeting. The outgoing Board shall approve the minutes of all previous meetings. The incoming Board shall adopt temporary or permanent Rules of Procedure and such rules shall take effect immediately and remain in effect until amended as outlined in Article VIII - Amendments to Rules of Procedure. Said Rules may be adopted “As Is” or adopted “As Amended” by a majority vote [that’s four (4) or more votes] of the Board. All other amendments shall be adopted pursuant to Article VIII - Amendments to Rules of Procedure. The Agenda for the meeting shall be as follows: 1. Call to Order [by outgoing Chair] 2. Pledge to the Flag [US and Texas] 3. Certification of a Quorum [outgoing and incoming Board] 4. Approval of minutes [outgoing Board only] 5. Communications and Reports [outgoing Board only] 6. Unfinished Business [outgoing Board only] 7. Swearing In of New Board Members [incoming Board assumes duties and outgoing Board retires] 8. Introduction of incoming Board members 9. Election of Chair and Vice-Chair [incoming Board only] 10. Adoption of Rules of Procedure [incoming Board only] 11. Communications and Reports [incoming Board only] 12. General Comments from the Public [Limitations: Six (6) minutes per speaker with exten- sions in two (2) minute increments as approved by a majority vote of the Board members present]. 13. General Comments from Board members [incoming Boards] 14. Announcements (if any) 15. Adjournment Page 7 of 12 Section C. Regular Meetings: Regular meetings of the Board of Adjustment shall be held at 7:00 P.M. on the third Thursday of each month, unless modified by the City of Bellaire. Regular meetings will take place in the Council Chambers of the City of Bellaire, 7008 South Rice Avenue, Bellaire Texas. Section D. Special Meetings: Special meetings may be called by the Chair or any two members of the Board, of which notice shall be given in conformity with the Texas Open Meetings Act and procedures of the City of Bellaire, Texas. Section E. Open Meetings Act: All meetings shall comply with the Texas Open Meetings Act pursuant to Chapter 551, Texas Government Code. Section F. Adding Agenda Items: Agenda items may be added by the Staff Liaison, the Chair or any two members of the Board not later than 12:00 noon on the seventh (7th) calendar day prior to a meeting. Section G. Sign-Up Form for Speakers: There shall be Sign-Up Forms for the purpose of permitting members of the public to address agenda items. Such forms shall be available to the public and forwarded to the Secretary and to the Chair so that such person’s names may be called to address the Board at the appropriate time. All testimony shall be given under oath. Section H. The Agenda: Except as provided in Section B of this Article, the Agenda at all regular and special meetings of the Board shall be as follows: 1. Call to Order 2. Pledge to the Flag (US and Texas) 3. Certification of a Quorum 4. Approval of Minutes 5. Reports from Officers, Committees, Sub-committees and Communications Board Members have had outside the meeting 6. Unfinished Business 7. Reading of the Standards from Section 24-704 or 24-718 of the Bellaire Code of Ordinances, as it pertains to the Board’s current agenda items. 8. New Business - Public Hearings on Docket Item for a Variance, Appeal or Exception [Repeated and sequentially numbered for each Docket Item considered at each meeting. a) Presentation by Applicant, Appellant, Property Owner, Counsel or other Agent [Limi- tations: Fifteen (15) minutes with extensions in five (5) minute increments as ap- proved by a majority vote of the Board members present]. b) Presentation by the City [Limitations: Fifteen (15) minutes with extensions in five (5) minute increments as approved by a majority vote of the Board members present]. c) Public comments on Docket Item [Limitations: Names of those desiring to comment shall come from sign-up list and shall be limited to six (6) minutes per speaker with extensions in two (2) minute increments as approved by a majority vote of the Board members present]. d) Rebuttal by Applicant, Appellant, Property Owner, Counsel or other Agent. [Limita- tions: Six (6) minutes per speaker with extensions in two (2) minute increments as approved by a majority vote of the Board members present]. e) Questions by Board [Limitations: The Board may ask germane questions of the Applicant, Appellant, Property Owner, Counsel or other Agent, and/or City Staff]. f) Consideration of, deliberation by and action on Docket Item by the Board [Requires 75% or six (6) affirmative votes for approval pursuant to Section 211.009(c), Texas Local Government Code]. 9. General Comments from the Public [Limitations: Six (6) minutes per speaker with exten- sions in two (2) minute increments as approved by a majority vote of the Board members present]. 10. General Comments from Board members 11. Announcements (if any) Page 8 of 12  12. Adjournment Section I. Motions in the Affirmative: All motions on final disposition of a Docket Item shall be in the affirmative. Section J. Previous Question: A motion to move the Previous Question (close debate) shall be in order following a reasonable time for deliberation. Such motion shall require a second and a two-thirds (2/3) vote for passing. Section K. Revising the Order of the Agenda During a Meeting: The order of the Agenda may be amended following Item three (3), by a simple majority vote of the Board. ARTICLE VI Docket Items Section A. Numbering Docket Items: Each appeal or application for a variance or special exception filed in proper form with the required data and fees, shall be numbered serially, docketed, and shall be placed upon the calendar of the Board by the Secretary thereof. The docket numbers shall begin anew on January 1 of each year, and shall be hyphenated with the number of the year in which the said appeal or application is filed pursuant to Section 2-112 of the Bellaire Code of Ordinances. Section B. Timing of Docket Items: All cases docketed more than fifteen (15) days next preceding a regular meeting day, and which the Texas Open Meeting Act requirement has been complied with, shall be automatically set for hearing on the succeeding regular meeting day. Cases docketed within fifteen (15) or fewer days of the regular meeting day shall be set for hearing on the second regular meeting day after docketing of the appeal or application. Section C. Method of Appeal: Each appeal to the Board from an order, decision or determination of the City Building Official or designee or application for a variance or special exception of any of the provisions of the Zoning Regulations and all other applicable communication concerning Board business shall be made in writing to the Secretary of the Board. Section D. Time Limitations of Order or Relief Granted: Unless otherwise modified by the Board, if any application for a variance or special exception is granted by the Board, the variance or special exception order shall include a requirement that all permits necessary for the prosecution of the work shall be obtained within one (1) year and construction begun within two (2) years of the order by the Board. The application form shall contain a notice of this section. The Board may modify this requirement. Section E. Notification: The Order notifying the appellant or applicant shall also notify same of their appeal right to State District Court pursuant to Section 211.011, Texas Local Government Code, within ten (10) days of the date of the order is filed in the Board office. Section F. Precedents: No action of the Board of Adjustment shall set a precedent. Each case shall be decided upon its merits and upon the circumstances attendant thereto. Section G. Advice and Moot Questions: No formal requests for advice, or moot questions will be considered by the Board. Any advice, opinion or information given by any Board member or the Secretary or any other official or employee of the City of Bellaire shall not be binding on the Board. Section H. Fees: All Applicants and Appellants shall pay a non-refundable application fee set by the City of Bellaire to the Secretary of the Board. Section I. Application for Re-Hearings: No application or appeal to the Board shall be permitted on substantially the same subject matter in reference to the same property prior to the expiration of twelve (12) months from an order of the Board. No application or appeal shall be allowed on substantially the Page 9 of 12 same subject matter in reference to the same piece of property during litigation against the City of Bellaire and/or the Board of Adjustment on said property. Section J. Withdrawal of Application: Any appellant or applicant may request that his or her appeal or application be withdrawn at any time prior to a final vote or disposition by the Board. Such request shall be granted by the Board. Section K . Disposition: In the final disposition of any appeal, the decision shall affirm, modify or reverse the refusal of a permit by, or any order or decision of the City Building Official. In the case of an application for a variance or special exception the decision shall set forth that the application is denied or that it is granted with or without conditions. The vote of each member present on each decision shall be by record vote. Section L. The Lack of a Quorum for a Variance Hearing: In the event that the Appellant, Applicant, Property Owner, Counsel, or other Agent is present at the scheduled hearing, but the Board of Adjustment is lacking a quorum for the hearing, the hearing shall be rescheduled without any penalties for the appellant or applicant and no additional application fee shall be imposed. Section M. Special Exception or Variance Parking Requirement: Any applicant seeking a Variance or Special Exception from Chapter 24, Section 514 and/or 514a of the City of Bellaire Code of Ordinances must include with their application a “parking demand analysis”. This analysis, along with the complete parking plan that is to be presented to the Board, must be given to the City of Bellaire ten days in advance of the scheduled board meeting. In the event the Board of Adjustment or the applicant wishes to revise the proposal at or before the hearing, the City of Bellaire may request and receive the right to delay the process until the next board meeting to review the changes. The Zoning Official may request a waiver of this requirement. ARTICLE VII Civil and Parliamentary Authority Section A. Construction of Authority: The construction of authority in all matters associated with the Board of Adjustment, including the Agenda, shall be: 1) the Constitution and statutes of the United States of America; 2) the Constitution and statutes of the State of Texas; 3) the Charter of the City of Bellaire; 4) the Code of Ordinances of the City of Bellaire; 5) these Rules of Procedure; and 6) Robert’s Rules of Order, Newly Revised. Section B. Reference to State and Local Statutes: The conduct and scope of activity of the Board of Adjustment is governed by and subject to State and local laws including, but not limited to, Chapters 211, 213 and 216, Texas Local Government Code, Chapters 551 and 552, Texas Government Code, the Charter of the City of Bellaire, Texas, and Chapter 2, Administration of the City of Bellaire Code of Ordinances. Section C. Parliamentary Authority: The Rules contained in the most recent edition of Robert’s Rules of Order, Newly Revised shall govern the Board of Adjustment in all cases in which they are applicable and not inconsistent with a superior authority. ARTICLE VIII Amendments to Rules of Procedure Section A. Amendments by Existing Board: These Rules of Procedure may be amended by a majority vote of the entire Board of Adjustment provided previous notice is given at one meeting in advance of any such consideration, and further provided, that an amendment to bring these Rules of Procedure in compliance with a superior statute, rule, procedure or other authority may be considered without previous notice. Page 10 of 12 Section B. Annual Review: These Rules of Procedure shall be reviewed not less frequently than annually. The adoption of these Rules of Procedure by a New Board shall not constitute such review. Section C. Approval by City Council: Texas Local Government Code, Chapter 211 was amended by House Bill 2497, 86th Legislature, Regular Session, to require the governing body of the municipality to approve the Rules of Procedure for the Board of Adjustment. Following the adoption of these Rules of Procedure by a New Board or any amendment to these Rules of Procedure, the Chair shall direct the Staff Liaison to present the adopted or amended Rules of Procedure to the City Council of the City of Bellaire, Texas for approval. ADOPTION OF RULES OF PROCEDURE Adopted by the Board of Adjustment of the City of Bellaire, Texas on the 20th day of July 2023. Attest: _______________________ Signature of Chair Approved by the City Council of the City of Bellaire, Texas on the ____ day of _____ 2023. _______________________ Signature of Mayor Page 11 of 12  City of Bellaire BOARD OF ADJUSTMENT 2024 REGULAR MEETING SCHEDULE & APPLICATION DEADLINES MEETING DATE DEADLINE FOR SUBMITTAL January 18, 2024 December 4, 2023 February 15, 2024 January 1, 2024 March 21, 2024 February 5, 2024 April 18, 2024 March 4, 2024 May 16, 2024 April 1, 2024 June 20, 2024 May 6, 2024 July 18, 2024 No Dockets Accepted for July August 15, 2024 July 1, 2024 September 19, 2024 August 5, 2024 October 17, 2024 September 2, 2024 November 21, 2024 October 7, 2024 December 19, 2024 November 4, 2024 January 16, 2025 December 2, 2024 • Meetings are held on the 3RD Thursday of the month at 7:00 P.M. at 7008 South Rice Avenue in City Council Chambers • Deadline for application submittal is 4:00 PM on the date indicated. NO EXCEPTIONS. Page 12 of 12