Governance – June 4, 2014 – Meeting Notes

University Area Commission | Governance Committee Report

Meeting Details: Wednesday June 4, 2014, Northwood and High Building, Started 6:12 PM and Ended 7:49 PM

 

Attendance: (P: Present, A: Absent, E: Excused, G: Guest, R: Resigned) Sharon Young 6:15PM  (P), Lucas Dixon (E), Jim Bach (E), Doreen Uhas-Sauer (P), Terra Goodnight (E), Colin Odden (P)  Jennifer Mankin (P), Charles Robol (P), Susan Keeny (G), Ethan Hansen (G), Craig Bouska (G), Brandyn McElroy (G) and David Hegley (P)

 

  1. General conversation items:
  • Discussion on the definition of hardships (Those that impact zoning applicants)

d)     It was suggested the Commission could hire an attorney to define the hardships based on the ruling of the 10th Circuit court

  • This would be helpful to define what a hardship is for the Commissioners as well as the applicant
  • This could be read before each case to make sure everyone understands the definition

e)     We were reminded that hardships come in all shapes and sizes

  • Joining properties
  • Development
  • Fix property so it can be sold

f)      Recommended we should create a one page handout that explains the following key terms

  • Variance
  • Hardship
  • Grandfathering
  • Include references to case law and precedent (This could be published on UAC website)

g)     There was some discussion on having the statement of hardship with the zoning meeting notes

  • It was pointed it sometimes these are pages long, not a simple statement.

h)     If a guideline is created by the Zoning Committee Community Relations should be contacted to put this up on the UAC website

 

 

  1. Discussion on time limit for Public Comment
  • It was decided to allow each person 2 minutes to make their statement
  • There was some discussion not to limit the numbers of speakers for public comment, but it was finally decided the UAC should follow City Council and have 3 people for and 3 people against the case to  speak.
  • It was also suggested that those willing to speak must fill out speaker slips and present them to the UAC, prior to the case they wish to speak on is presented.

 

  1. The Proposed by law change is as follows:
    •  Zoning Committee presents the facts of the case (3 Minutes)
    • Applicant presentation (5 Minutes)
    • Zoning Committee report (5 minutes)
    • Public Comment – 3 for and 3 against (2 Minutes each)
    • Commission discussion
      • Some additional comments on this area:
  1. Questions by the Commission should be limited to Zoning Chair only, no questions directly to the applicant
  2. If questions are brought up, the applicant should try to address them during the Applicant response
  3. There were 3 options proposed for this section were:
    1. Continue the single round of speaking with the limit of 2 minutes
    2. Singe round of speaking but limit the Commissioner to just 1 minute
    3. Have two rounds of Commission discussion allowing the Commissioner no more than 1 minute to speak per round.
      • Applicant response (3 minutes)
      • Commission vote
  1. A motion was made to change the UAC by laws as follows:

Section 7 Paragraph d

  1.                                                   d.      The following time limits and order will be adhered to for all zoning cases heard before the commission:
    1. Zoning Committee presents the facts of the case 3 Min (max)
    2. Applicant presentation 5 Min (max)
    3. Zoning Committee report 5 min (max)
    4. Public Comment (max 3 people each pro/con): 2 min each (max)
  • Only those who complete speaker slips prior to the case being heard will be considered for speaking
  1. Commission discussion 1 min (max) per commissioner who wishes to speak a single time for 2 rounds
  • A commissioner cannot save time for their second round or transfer their remaining time to someone else.  A commissioner cannot let someone else speak on his or her time.
  1. Applicant response 3 min (max)
  2. Commission vote
  3. The zoning committee prior to his or her appearance at a commission meeting will provide a copy of this section to each zoning applicant.

Motion made by Charles Robol, Seconded by Doreen Uhas-Sauer

Those voting in favor: Charles Robol Sharon Young, David Hegley, Colin Odden, Jennifer Mankin

No votes against – The motion passes unanimously.

 

 

 

The Committee will do the first reading at the June 18, 2014 Commission meeting, the next Governance Committee meeting is August 6, 2014.  The July meeting will be part of a tour of the University District

 

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