city of San Antonio


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File #: 19-8055   
Type: Staff Briefing - Without Ordinance
In control: Board of Adjustment
On agenda: 11/4/2019
Posting Language: Discussion and possible action amending the Unified Development Code (UDC), Chapter 35 of the City Code of San Antonio, Texas, with changes to Section 35-801 relating to the composition of the Board of Adjustment (BOA) and authorizing a change to the BOA Rules and Procedures Document in order to modify the BOA Composition. (Catherine Hernandez, Development Services Administrator, (210) 207-5085, catherine.hernandez@sanantonio.gov, Development Services Department)
Attachments: 1. 2019 BOA UDC Amendment, 2. November 2019 BOA Rules and Procedures DRAFT
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: Development Services Department

 

DEPARTMENT HEAD: Michael Shannon, PE, CBO

 

COUNCIL DISTRICTS IMPACTED: Citywide

 

SUBJECT: BOA UDC Amendments

 

SUMMARY:

An ordinance amending the Unified Development Code (UDC), Chapter 35 of the City Code of San Antonio, Texas, with changes to Section 35-801 relating to the composition of the Board of Adjustment (BOA) and authorizing a change to the BOA Rules and Procedures Document in order to modify the BOA Composition.

 

BACKGROUND INFORMATION:

The UDC currently designates the membership of the BOA as 11 regular members, each nominated by one of the Council Members and Mayor.  The UDC also includes a provision to allow up to 6 alternate members, appointed by the City Council at large, who may act in the capacity of one of the regular members should there be an absence.

 

ISSUE:

The Land Development Division, Zoning Section, has recently had difficulty in obtaining a full slate of 11 members to attend the BOA. A quorum of the BOA is 9 members, however, it is important to note that, per state law, 9 affirmative votes are required in order to approve a variance or to overturn a decision of the administrative official.  As such, many applicants may request to hold over their cases in order to ensure that there is a full slate of 11 members on the BOA to hear their case.

 

In order to ensure a full slate of 11 members sitting on the BOA, the City Council’s Governance Committee has requested an amendment to the UDC in order to allow 7 alternates to be appointed instead of 6 alternates.  Again, an alternate would only sit on the Board in the event of an absence or recusal of a regular BOA member.

 

ALTERNATIVES:

As an alternative, the City Council may choose not to approve the proposed amendment to the Unified Development Code, leaving the composition at 6 alternates.

 

FISCAL IMPACT:

 

None.

 

RECOMMENDATION:

 

Staff recommends approval.