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Item 8ACITY OF SOUTHLAKE MEMORANDUM August 9, 2016 To: Shana Yelverton, City Manager From: Lori Payne, City Secretary Item 8A Subject: Resolution No. 16-041, Appoint members to the Zoning Board of Adjustment to fill vacancies and to name a Chairman and Vice Chairman Action Requested: Resolution No. 16-041, Appoint members to the Zoning Board of Adjustment (ZBA) to fill vacancies and to name a Chairman and Vice Chairman Background Information: A Home Rule Charter of the City of Southlake was approved by the voters in a duly called Charter election on April 4, 1987. In the Home Rule Charter, Chapter XI concerns Planning and Zoning, and Section 11.02 allows for a Board of Adjustment, which shall have all of the powers and authority as set forth in state law and such additional powers and privileges as may be duly assigned to it by the ordinances of the City. Pursuant to Section 44.1, of Ordinance No. 480, as amended, the Board of Adjustment was established to consist of five members and four alternates to be appointed by the City Council. The term of office for said members shall be for two years. Three members and two alternates shall be appointed to serve terms beginning in odd numbered years and two members and two alternates shall be appointed to serve terms beginning in even numbered years. Section 44.2, of Ordinance No 480, as amended, provides for the proceedings of the board. "All cases to be heard by the Board of Adjustment shall always be heard by a minimum of four members." Likewise, Section 44.7, states that "the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under this ordinance, as amended), or to approve any variance." Currently, there are two vacancies on the Zoning Board of Adjustment: Vacant, Place 1 (term expires June 2018), and Vacant, Alternate No. 4 (term expires June 2018). Financial Considerations Strategic Link: Citizen Input/ Board Review: Legal Review: Supporting Documents: The following citizens currently serve on the ZBA: Name Term Expires Vacant, Place 1 June 2018 Ronell Smith, Place 2 June 2017 Kourosh Panahy, Place 3 (current Vice Chairman) June 2017 Brett Nickel, Place 4 June 2018 Jeff Medici, Place 5 June 2017 Rob Baker, Alternate No. 1 June 2017 Robert Kemins, Alternate No. 2 June 2018 Gina Phalen, Alternate No. 3 June 2017 Vacant, Alternate No. 4 June 2018 To assist Council with appointments, please note the following persons have expressed an interest in serving on ZBA and attached are copies of applications: • Michael Carter • John Kutch Jr. • Michael Quinones • David Treichler Please keep in mind that Council will also need to name a Chairman and Vice Chairman. Not applicable C5: Promote opportunities for partnerships and volunteer involvement Not applicable Not applicable Resolution No. 16-041 Existing membership listing Applications RESOLUTION NO. 16-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT TO FILL VACANCIES AND TO NAME A CHAIRMAN AND VICE CHAIRMAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustment as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five member board with four alternate members to serve for two-year terms; and, WHEREAS, there are two vacancies with terms expiring in June 2018 for Place 1 and Alternate No. 4. WHEREAS, pursuant to Zoning Ordinance No. 480, Section 44, Council must also appoint a Chairman and Vice Chairman. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following persons to serve on the Zoning Board of Adjustment: Place 1, term expires June 2018 Alternate No. 4, term expires June 2018 Section 3. The City Council hereby names as Chairman and as Vice -Chairman. Section 4. This resolution shall become effective after its passage and approval by the City Council. PASSED AND APPROVED THIS THE 16T" DAY OF AUGUST, 2016. CITY OF SOUTHLAKE, TEXAS BY: Laura Hill Mayor ATTEST: Lori Payne City Secretary