Chapter 2 BOA Amendments

1. Proposed Amendments
Chapter 2 – Administration
Article III – Boards and Commission
Sec. 2-47 Board of Adjustment
Presented By: Jason Lutz
Community Development Services Director
City Council Meeting
Agenda Item # 8
May 9, 2016

2. Chapter 2 Amendments
 Consideration and action concerning
proposed amendments to Chapter 2,
Administration, Article III, Boards and
Commissions, Section 2-47, Board of
Adjustment, to adopt a new subsection
2-47(d) Repetitive Filings Prohibited.

3. SUMMARY
 City staff is proposing the following
amendments to establish minimum time
limits for the reapplication of variances
(“Repetitive Filings Prohibited”).

4. 4
BACKGROUND
 An application for a variance was denied
on November 4, 2015 and the applicant
re-submitted for the same variance
request on March 23, 2016 (4 months
later).
 Staff researched the City’s code and
found that no minimum timeframe for the
same requests are required after denial.

5. 5
BACKGROUND
 Without this minimum timeframe
applicants could make requests for the
same variances monthly in the hopes
to eventually receive approval.
 This loophole could increase staff’s
workload & increase BOA members’
time dedicated to the review of cases.

6. 6
BACKGROUND
 The additional time dedicated to the
review of repetitive cases would affect
the City’s ability to provide effective,
timely, and efficient services to the
citizens of Alamo Heights.

7. 7
POLICY ANALYSIS
 Chapter 2, Article III. – Boards and
Commissions, Sec. 2-46(4).-Planning
and zoning commission establishes a
minimum six (6) month time frame for
re-application, for the same request
after denial.

8. 8
POLICY ANALYSIS
 Staff is proposing the same timeframe
for variance requests through the
Board of Adjustments to ensure staff
can continue to provide effective &
efficient services to the citizens of
Alamo Heights.

9. 9
POLICY ANALYSIS – PROPOSED
AMENDMENTS
 The proposed amendments to the code
are as follows:
 Chapter 2, Article III. – Boards and
Commissions, Sec. 2-47. – Board of
Adjustment

10. 10
POLICY ANALYSIS – PROPOSED
AMENDMENTS
 Added Subsection (d) Repetitive Filings
Prohibited. “When an application for a
variance has been denied by the Board of
Adjustment, or withdrawn or abandoned by
the applicant after a hearing thereon has
commenced, a new application for the
same or a similar variance on the same
property will not be received by the Board
of Adjustment

11. 11
POLICY ANALYSIS – PROPOSED
AMENDMENTS CONTINUED
 until the expiration of six (6) months
from the date of such denial or
withdrawal, unless the city’s community
development director shall find that
conditions have changed so as to
warrant an earlier filing or that it is in
the public interest to reconsider the
application.”

12. QUESTIONS?