Zoning Board of Adjustments Minutes - 09/18/2013RECEIVED IN MINUTES
CITY CLERK'S OFFICE
DATE: ZONING BOARD OF ADJUSTMENT
BY: TIME:
September 18, 2013
PRESENT:
Jose Garcia, Vice Chairman
O Members
Jerry Beavers
0
David Lane
0 Alternate #1
Kerry J. Maroney
0
Tyson Traw
0 Alternate #a
Annetta Pope- Dotson 0 Council Liaison
Kinely Hegglund, Senior Assistant City Attorney O Legal Dept.
Bobby Teague, Asst. Director of Community Development 0 City Staff
Karen Gagne, Planning Administrator 0
Rita Miller, Code Enforcement Supervisor 0
Monique Coleman, Planner II 0
Leo Mantey, Planner 1 0
Diane Parker 0
ABSENT:
Dustin Nimz, Chairman 0 Members
Chad Hughes 0
Scott Stillson 0 Alternate #3
I. CALL TO ORDER
Vice Chairman Garcia called the meeting to order at 1:32 p.m.
II. MINUTES
Mr. Maroney made a motion to approve the minutes of the July 17, 2013 Zoning Board
of Adjustment meeting. Mr. Lane seconded. The minutes were approved with a
unanimous vote in favor.
III. REGULAR AGENDA
1. Case V 13 -05
Request for a coin operated amusement machine business to operate
within 300 feet of a school
3100 Seymour Highway
BOARD OF ADJUSTMENT • PAGE 1
Ms. Coleman stated the applicant's attorney requested to withdraw this case from the
agenda in order to reapply in the future. A copy of the request was presented to all
Board members.
Ms. Coleman stated staff is opposed to this request and would like to proceed with
hearing this case. She continued stating, in the Section 4.7 of the Rules of Procedure, it
states any request may be withdrawn by the applicant upon written notice to the
secretary. No request shall be withdrawn after public notice has been given without
formal consent of the Board. She explained the Board can vote to allow the request or
deny it.
Mr. Hegglund stated, as a preliminary matter, a motion should be made to allow the
applicant to withdraw; the motion would then be seconded, if applicable; and, there
would be a vote. That procedure should take place before proceeding with this meeting.
Vice Chairman Garcia asked if this motion would allow the applicant to reapply. Mr.
Hegglund stated the motion allows the applicant to withdraw this case. It would be the
applicant's decision to reapply.
Mr. Traw asked if the applicant or a representative was present. It was determined no
one was present.
Mr. Lane asked if this Board could accept or deny the applicant's request. Mr. Hegglund
stated if the request is denied, the case would move forward [be heard].
Mr. Maroney asked if the applicant reapplies, would they follow the same application
procedures, basically starting from scratch. Ms. Coleman agreed with his statement.
Mr. Maroney made a motion to accept the applicant's letter to withdraw Case V 13 -05
from being heard at this meeting; Mr. Traw seconded. The vote was four (4) in favor
and one (1) opposed. Mr. Beaver offered the opposing vote.
Mr. Hegglund stated the vote was four to one. In order to pass, a vote of four is
required. The Zoning Board of Adjustment has authorized the applicant to withdraw
Case V 13 -05 at the September 18, 2013 meeting.
IV. Adjourn
The meeting adjourned at 1:38 p.m.
i
/-_
Joe Garcia, Vice Chairman Date
BOARD OF ADJUSTMENT • PAGE 2