• City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
  • City of Cambridge Maryland
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BZA Minutes

August 27, 2013

The Board of Zoning Appeals for the City of Cambridge met at 7:00 p.m. on Tuesday, August 27th, 2013 in the City Council Chambers located at 305 Gay Street, Cambridge, Maryland.

Jane Devlin, Vice Chair called the meeting to order and took the roll call of members present.

Board Members in Attendance: Jane Devlin-Vice Chair; Frank Cooke. Ted Brooks.
Members Absent: Brian Manning, Wendell Foxwell.

Other representatives in Attendance: Dan Brandewie, City Planner II;

APPROVAL OF MINUTES:

June 25th, 2013
July 30th, 2013

Ms. Devlin recommended minor changes to the June 25th and July 30th minutes. Ted Brooks moved to approve the June 25th minutes with changes. Second by Frank Cooke. Motion carried.

Ms. Devlin recommended one change to the minutes of July 30th. Ted Brooks moved to approve the minutes of July 30th with changes. Second by Frank Cooke. Motion carried.

NEW CASES:

BZA 01 FY 13/14 Dobson's Dogs-Special Exception to allow a seasonal hotdog cart at the Farmer's Market at Long Wharf.

Mr. Brandewie stated that the staff report was prepared by Anne Roane for presentation to the Planning and Zoning Commission. He reviewed the staff comments relative to eight or nine standards associated with all Special Exception requests. In this case three points stand out:

• Dobson's Dogs will not conduct any business that will be detrimental or endanger to the public.
• The facility will not require the use of any utilities such as water, sewer or septic tank, access roads.
• Dobson's Dogs will have adequate parking and access at Long Wharf.

Mr. Brandewie stated that the current comprehensive plan does not specifically address this type of use. Mr. Dobson did include some background material related to a similar type of operation that operated in Caroline County. It was mentioned that neighboring businesses were supporting certain aspects of the operation and Mr. Dobson may want to talk about that tonight. Mr. Brandewie did have a conversation with Mr. Dobson before the meeting to touch base and he will be able to explain the process.

Mr. Brandewie noted that the Planning and Zoning commission met approximately a week recommended approval. They placed no conditions or had recommendations for this Special Exception request. He stated that Anne Roane noted a concern expressed by the director of the Farmers Market operations. The issue was that since the hotdogs were not made locally they had concerns of allowing this vendor's cart at Long Wharf Park. It was his understanding that the Farmer's Market staff was opposed to vendor's carts.

Mrs. Devlin asked if there were any questions for Mr. Brandewie from Board members.

Mr. Cooke asked if this is this limited to Long Wharf because there was something mentioned about Cedar and Race Streets. Mr. Brandewie stated that the location of Cedar and Race Street was the original request by the owner. But it apparently then it shifted to Long Wharf Park; and perhaps this operation may be in other locations of the City.

Mrs. Devlin asked where they were regarding advertising for tonight's meeting. Mr. Brandewie stated that he did not run a legal ad in the paper. There was no placard to post since this is a movable location so it was not advertised but they did post the agenda a week in advance and gave notice in that manner.

Mrs. Devlin asked if the only public notice was on the city's website. Were the required two postings placed in the regular newspaper? Mr. Brandewie stated that the agenda was placed on the City's website and the agenda was also posted at the City Council Chamber's bulletin board.

Mrs. Devlin stated the (public notification) procedure wasn't followed and that for Special Exceptions normally there is a requirement of posting of the site itself; which this use seems to be movable since the application was filed, but the main issue is that Special Exceptions call for two postings in a local newspaper, found in Article VI. She further stated that she sees it as a concern and it needs to be considered as they move forward; that the public (notification) process was not given correctly.

Mr. Brandewie stated that he did notify the Long Wharf Citizen's Advisory Committee Chair, Lou Hyman and informed him of the hearing tonight and advised him that if he had any concerns or input to please let them know. Mr. Hyman had no objections to the application but it may not have been reviewed by the Long Wharf committee.

Mrs. Devlin asked when the Long Wharf Committee is due to meet. Mr. Brandewie stated that he believes they meet Wednesday. Mrs. Devlin also asked if this falls under their responsibility for overview.

Mr. Brandewie stated that he doesn't believe so; and that he reviewed the agreement for their charge and it appears to be limited to signs and structures of a permanent nature and that this didn't fall into that category.

Mrs. Devlin stated that as she was going through the packet, she doesn't see anything letters or comments, especially since there were issues at P&Z discussing the one concern from Linda Brooks (the Farmer's Market director). Mrs. Devlin said she was surprised not to see anything in the packet seeing that it was discussed at P&Z. Mr. Brandewie stated that he was not aware of any formal letter written.

Mrs. Devlin stated that they have to be aware that there are a few things pending that they don't have answers to.

Mrs. Devlin stated that at this point we're talking location, whether it is Cedar or Race Streets. She wants to have some dialogue so she can grasp all of it but initially the application was for Cedar and Race-city property, and now we're talking at Long Wharf, also city property (on the same day) as the Farmer's Market. Mrs. Devlin asked if this requires anything from City Council or is the P&Z staff representing those interests?

Mr. Brandewie stated that it was his opinion that it doesn't go to City Council as a Special Exception; he thinks that they approve this type of operation through the issuance of a Peddlers' License.

Mrs. Devlin asked if there were any other questions for Mr. Brandewie at this point.

Mrs. Devlin asked Mr. Dobson if he could come to the podium and to state his name and mailing address for the record.

Mr. Dobson stated that his name was Rodney Dobson and that he lived in Ridgley, Maryland and was the owner of Dobson's Dogs, The Dogs that Don't Bark. He is a hotdog vendor and basically all he sells is hotdogs, hot sausage, potato chips and sodas. Sometimes in the winter he sells soup. Mr. Dobson stated that when he first initially put his application in, he didn't know that much about Cambridge so he came down to look around and he put on the application Cedar and Race St because he saw there was an empty lot that belonged to the town. Then he was told about the Farmers Market so he figured he only wanted to come to Cambridge one day a week basically because other days he is in Denton on Mondays, Greensboro on Tuesdays, back in Denton on Wednesday. Thursday was his free day and he found out that the Farmers Market was only open on Thursdays. When he found out there was a Farmers Market in Cambridge he changed the application to the Long Wharf (Park).

Mrs. Devlin asked Mr. Cooke if he had any questions and Mr. Cooke responded no.

Mrs. Devlin then asked Mr. Brooks if he had any questions.

Mr. Brooks stated that the Cambridge Farmers Market was a seasonal business that ended in the fall and wanted to know what he was going to do during the winter.

Mr. Dobson responded that he does not go out in the winter time because he has two carts one in which operates outside and one inside and that if he were to come he would have to be inside to serve the public; but if it's too cold he will not come at all. Mr. Dobson noted that when it's raining or cold people do not come out to buy hot dogs and his season is during the warmer months.

Mrs. Devlin stated that she should disclose for the record and to Mr. Brandewie that she was at P&Z that night on an unrelated issue and did stay through this hearing but did not make any comment and just listened for the record.

Mrs. Devlin asked Mr. Dobson if he reached out to Mrs. Brooks at the Farmers Market, if he had any dialogue.

Mr. Dobson stated that he had talked to her only once when he called and that Mrs. Brooks told him that his hotdogs weren't locally grown so she didn't think that he would be able to vend in the Farmers Market and he hasn't talked to her since and he has not made any more contact.

Mrs. Devlin stated that she had no more questions and neither did Mr. Cooke and Mr. Brooks; She thanked Mr. Dobson.

Mrs. Devlin entertained a motion to close public testimony. It was moved and seconded to close the meeting for additional public testimony. Motion carried.

Mrs. Devlin stated that if they decide to make a motion tonight that Board should be very specific on why they feel this meets the criteria of a Special Exception.

Mr. Brooks stated that it would seem that this would complement the activities down at the Farmers Market and would provide refreshments to the people down there while they are walking around. However, the concern of Cambridge Main Street is that the Farmers Market people have not been notified to find out what their concerns may be; as to this gentleman just showing up on their doorstep one day; when you put together a festival like that on a weekly basis you have to do certain amounts of planning so it does concern him greatly that the proper notifications have not been done through the papers and other ways to get their input on these items.

Mr. Cooke said that they needed the people (present) that they are referring to and asked if they were at the P&Z meeting.

Mr. Brooks stated that Linda Brooks was the chair of that subcommittee and she was at the P&Z meeting because she was the one who was questioning him about the origin of the hot dog.

Mrs. Devlin stated that she was at the P&Z Commission meeting and that it was just mentioned; but again she was not there to get all the details. Her case had been approved and she just sat for a little bit but there was no one that went to the podium from Cambridge Main Street or Farmers Market but there was a dialogue including comments from Ms. Roane; she does not recall Mrs. Brooks being at the meeting.

Mr. Brandewie asked who raised the issue about the hot dogs being not locally grown.

Mrs. Devlin responded that she could not recall. She said that was a number of weeks ago and she was not in the meeting for this purpose and there has been many meetings since. Mrs. Devlin also stated that if she knew that she would have had to take notes she would have. She is also sorry the minutes aren't ready and if the Board is willing she would like to reopen the discussion and ask Mr. Dobson to answer that question.

Mr. Cooke stated it was not necessary, because nobody is trying to control where the goods are coming from at this Farmers Market. He said they are selling stuff and he has no idea whether it was grown in Dorchester or someone bought them someplace else in a different county and brought it over here.

Mrs. Devlin stated she doesn't think they can say whether or not that policy exists and she doesn't think they can make that determination.

Mr. Cooke stated that it doesn't make any difference to him; that he cannot account for any of the food that comes there, he doesn't know where it comes from and he doesn't care where it comes from. Mr. Cook had no other concerns.

Mrs. Devlin stated that she has similar concerns as Mr. Brooks because this was not advertised in the paper which is a requirement by code; if Cambridge Main St. and the Farmers Market subcommittee wish to weigh in, this is the body where they would be weighing in because this is the public hearing, it's just recommendation at P&Z. Mrs. Devlin thinks that at minimum, we should do another proper advertisement. She's not saying that we can't make some type of action tonight recognizing that we still get the advertising in place, that if there are those who wish to come in and testify, the opportunity is there, is that possible?

Mr. Brandewie suggested that if the Board concurs, to allow him to hold open a public comment period for 30 days and this issue would be brought back to the Board at the next meeting and to notify the Farmers Market and Main St. They could run an ad that this will be heard again. Given the lateness of the season it would allow him to get started with the contingency that if further people want to testify it would be reheard again at the next meeting.

Mr. Cooke agreed that it seems reasonable.

Mrs. Devlin stated that the other annoying factor in her mind is that to operate, the Farmers Market had to go before City Counsel with their request. She thinks that the Farmers Market needs the opportunity, the window, to be part of this discussion if they so wish. They may not, but at least they are given the option.

Mr. Brooks stated that he thought Mrs. Devlin was probably right because looking at page 62 and 63 it says the initiation of the Special Exception should be someone who has an enforceable legal interest in the property and Mr. Dobson has no enforceable legal interest in these properties.

Mr. Brandewie added that he doesn't believe the Special Exception is necessarily tying him to Long Wharf. It may in his mind allow him to operate in other parts of the city, which is not necessarily tied to a specific location. If Mr. Dobson chooses to go to Cedar and Ray St. Mr. Brandewie believes he may have to have permission from the council if he were to sit that cart on city property.

Mr. Brooks ask why Mr. Dobson doesn't have to get permission (for using) Long Wharf because it's the same as Cedar and Ray St.

Mr. Brandewie also said, for example, if Mr. Dobson were to pull his cart near Cannery Way on Race Street, he may need city permission if it were to be on city property and perhaps that may be a question for Mr. Dobson to see if he has checked into that.

Mrs. Devlin stated that she from her perspective they could nitpick this to death because there are a lot of things that are questionable; but she thinks by what has been presented to them and what has been discussed, she thinks at minimum they would be cautious to move forward with the decision without public notice. So (any decision) would be conditional or that would be a condition of the special exception.

Mr. Brandewie stated that Staff will offer to run another advertisement with the recommendation that they would continue the public hearing to the next Board of Zoning Appeals meeting date to allow for public comment perhaps with the condition not to prevent him from getting started but that it would be heard again for public comment and the Board could make a final decision at their next meeting.

Mrs. Devlin thinks that is a good way to handle it.

Mr. Cook stated that he has no problem with that and it sounds good to him.

Mr. Brooks stated that the only concern he has is whether it's going to be a problem with the Farmer's Market people as far as location and where he's going to be setting up. Certainly if Mr. Dobson is not interfering with what they're doing at this point he has no problem with that but if he rolls in there and sits up in the middle of the parking lot...

Mrs. Devlin stated that she would assume that we could put a condition that Mr. Dobson if they move forward with this decision, since the Farmers Market has first priority with that lot that he respects the area that they've already encumbered. Mr. Brooks stated that would be fine with him. Mrs. Devlin asked Mr. Brandewie for clarification that when the case went to P&Z there is no public notice.

Mr. Brandewie answered correct.

Mrs. Devlin stated that obviously since there had been some type of dialogue with the Farmers Market (and they) knew this was coming and there has been no contact to your office by the Farmers marked or Cambridge Main St. in general?

Mr. Brandewie answered not with him.

Mr. Brandewie stated that Mrs. Roane could be called to confirm but he believed there were no additional concerns or conditions or recommendations as a result of the Planning Commission meeting.

Mrs. Devlin asked if there were any other dialogue or questions or should they close and move towards a motion?

Mr. Cooke asked how the Farmers Market was able to use the property.

Mrs. Devlin replied that there was a request to City Council.

Mr. Cooke asked if the Farmers Market went a different route than Mr. Dobson and that they didn't go to the Planning Commission and the Board of Zoning Appeals and if they went straight to City Council.

Mr. Brandewie replied that they did have one issue reviewed by the HPC and that was for placement of a temporary Farmer's Market sign near the entrance.

Mrs. Devlin stated as far as the Farmers Market, they started out on Academy St. and then they went to City Council and got approval to start the Farmers Market at this location the first year and then they went to City Council to relocate over to Long Wharf.

Mr. Cooke doesn't understand the difference between selling lettuce and selling hotdogs, why are there two different processes.

Mr. Brooks stated that he has no problem with that because from what he has heard, some of the produce is grown locally and some is not local but what he is trying to suggest is that if the Farmers Market folks have gone through a great deal of pain to put together a plan as to where people will be selling their product, he would hate to have Mr. Dobson interfere with that.

Mr. Cooke stated that he understands and maybe he misrepresented what he wanted to say. He doesn't see any difference between selling lettuce and selling hotdogs. Why selling lettuce would be approved by City Council and not go through Planning Commission and not come to Board of Appeals for a Special Exception and selling hotdogs sends him a different route.

Mrs. Devlin stated that it is the use of the land, but coming from Mr. Brooks' direction if you go through the eighth criteria tied in with the Special Exception, number 2, the Special Exception will not be injurious to the use and enjoyment of other property for the purposes already permitted, so right now the Farmers Market is already permitted. She realizes they don't take over the entire area but she is still leaning towards....especially with the lack of public notice.

Mr. Cooke stated that he doesn't have a problem with either condition that has been put fourth here. One, establish a time limit allowing for public comment and an additional hearing of the case to consider authorizing a longer time limit and; two, requiring that the new vendor not intrude on space that's already being occupied by people who have been approved. Mr. Cooke stated that if they could construct such a motion he wouldn't have any problems.

Mrs. Devlin called for a motion to close deliberation. All were in favor.

Mr. Cooke put forth a motion that Mr. Dobson's application be approved specifically for Long Wharf for a period of 45 days subject to the condition that Mr. Dobson's (operation) at Long Wharf is not in a space that is already being occupied by other vendors and that doesn't mean that they can send Mr. Dobson 100 yards off. He can use any space that has not been used.

Mr. Brandewie wanted to clarify that at the end of the 45 days Mr. Dobson would have to come back for an extension.

Mr. Cooke responded yes.

Mrs. Devlin suggested that they work the time frame with their next meeting date because 45 days will push them past their next meeting and Mr. Dobson would have to wait until the following meeting. She would like to work within the window. The application was then approved for 30 days so they could address this issue in the September meeting and the business would be properly advertised. The P&Z staff will be directed to properly advertise that the public hearing section is left open for comments.

Mrs. Devlin asked if Mr. Dobson's vending would be limited to one day per week.

Mr. Cooke responded yes because that's what Mr. Dobson is asking for and the date coincides with the forum for Farmers Market operations.

Mrs. Devlin stated that the Farmers Market was open two days per week, Thursday and Saturday. Mr. Dobson can vend on either day.

Mr. Brandewie restated the motion: that the application be approved for the operation of the vendors cart at Long Wharf park for 30 days subject to the following conditions: Mr. Dobson's location does not occupy space that is already being used by other vendors associated with Farmers Market; staff will properly advertise this case for the next board of zoning appeals hearing and the vendor is allowed one or two days per week to coincide with the existing Farmers Market operation.

Mrs. Devlin asked for a second on the motion. Mr. Brooks seconded the motion. Motion carried 3-0 in favor.

Mrs. Devlin informed Mr. Dobson that he was given a conditional Special Exception and that it was a start and that he could begin selling hotdogs at Long Wharf.

Mr. Brandewie asked Mr. Dobson if he had his peddler's license yet.

Mr. Dobson responded yes.

Mr. Brandewie asked what the fee was for the peddler's license.

Mr. Dobson responded that the City of Cambridge charged $200.00 for the peddler's license.

Mr. Cooke asked Mr. Dobson if he understood that he was given a 30 day time limit; and that if he wants to operate longer and have a more permanent time limit he needs to come back in a month from today. Mr. Dobson was instructed to return to the next meeting and at that time his request will have been advertised in the paper and if anyone wants to speak against or support Mr. Dobson they will have chance to do so and the Board will make a decision to allow a more permanent time period. The next meeting will be held September 24, 2013.

Mr. Dobson asked if he could vend on Thursday.

Mrs. Devlin and Mr. Cooke answered yes and Mrs. Devlin suggests that Mr. Dobson speak with the Farmers Market people just to respect the area that they already have set up.

Mrs. Devlin jokingly said to Mr. Dobson that she is a New Yorker so she would be checking out his hotdogs and reminded him that he needs to come back on September 24, 2013 to continue the discussion and he could start vending.

Mrs. Devlin stated that she agreed with Mr. Cooke because it is interesting with farm stands. Mrs. Devlin called Mrs. Roane about the farm stand for Kelly at Emily's out on route 50 and when Mrs. Devlin saw a farm stand pop up over on Academy St. she called Mrs. Roane and in GC districts you don't need to go through that process. Mrs. Devlin stated that it was interesting because in her opinion food carts and vending carts add vitality.

Mr. Cooke stated absolutely.

Mr. Brandewie added that was a very good point about clarifying this issue; about how they were interpreting this and applying it to the firework vendors, and other Farmers Market stands that have popped up without going through Special Exceptions and quite frankly he doesn't see the need to take something like this through the Board of Zoning Appeals hearing. The City can regulate it but then you get into whether it will be on private property versus public property.

Mrs. Devlin stated that she finds it interesting and this is just dialogue that they are having because they acted on a motion, but she finds it interesting because with the Farmers Market when they set up on Academy and when they chose to shift it over to Long Wharf that was a request and hearing in front of Council.

Mr. Brandewie also asked if City Council had approved every vendor that was going to be there with the Farmers Market.

Mrs. Devlin stated no that it was a blanket approval, because they started out with 3 or 4 (vendors) because they were still competing with Sailwinds; so they started out then it grew.

Mr. Brandewie asked if the vendors at Farmers Market pay a fee to Linda Brooks to manage it.

Mrs. Devlin stated that the market manager does receive a fee.

Mr. Brandewie asked where it comes from the vendors, the city or Main St.

Mrs. Devlin stated that it probably came out of the vendor fee because they do pay a fee and if it's not enough there it probably comes from the Main St.

Mr. Brandewie stated that perhaps that is one additional objection, because she wouldn't be getting a fee from Mr. Dobson, because it is not under her umbrella.

Mrs. Devlin stated that it is a monthly fee and she attends to the Farmer's Market in Easton and there are food vendors that are there.

Mr. Brandewie stated that his point is that if Mr. Dobson wanted to have his operation at Long Wharf Park on Thursdays and the Farmers Market hadn't even come up in the conversation, would there have been the same level of the concern that they have.

Mrs. Devlin stated that she goes back to what Mr. Cooke was talking about; why is there a different process for this one gentleman than they had for the Farmers Market; whether it is two vendors or three vendors using city property. Mrs. Devlin just finds this unusual.

Mr. Cooke stated that he thinks that based on the section on page 62, he doesn't know if Mr. Dobson has any standing for a Special Exception and he should have been directed to City Council.

Mrs. Devlin agreed that it was interesting because when Kelly came with Emily's and the lady who actually owns that shopping center was here to support Kelly's initial application, she was the owner of record.

Mr. Cooke stated that there may have been a lease involved with the owner of the property.

Mrs. Devlin stated that she came in as owner of record because it says who controls the site.

Mr. Cooke stated that Emily was not the owner of record but she may have had a lease relationship which would have given her an enforceable legal interest. Mr. Cooke stated that you can't use the space for one vendor selling food and have a different process for another vendor selling food.

Mr. Brandewie added adjacent residents may have equal concerns over the farmer's market venues with regard to noise, traffic, etc.

Mrs. Devlin agreed and asked staff to send Lou Hyman an email or phone call and just let him know that they would like his committee to weigh in. The record is left open because you said their meeting is tomorrow night, so Lou certainly can't speak for the committee but knowing that the record is open he may pass something along. Mrs. Devlin would like to check with Kathy Foster and see what the modified task list is for the Long Wharf advisory committee because when that was brought together it had more to do with the issues we had with monuments and everything else down there; and then it wound up being a bucket list which included banners and all this strange stuff, She knows that the committee's responsibilities to City Council were scaled back, but Mrs. Devlin wasn't at the next meeting so she knows they have somewhat changed what their oversight is.

OTHER BUSINESS

Review and Approval of Finding of Facts

Mrs. Devlin stated that moving forward they have the review and approval on finding the facts for Chesapeake Court.

Mr. Brooks stated that he wasn't even there that night so he cannot weigh in on it.

Mrs. Devlin asked if they could make a decision.

Mr. Brandewie stated that he thought the direction actually was that they send it out by email and if anybody had comments to let them know and that the Chair was authorized to sign it but with limited feedback he went ahead and put it on the agenda.

Mrs. Devlin stated that the problem was that she is the only one that was there that night with Brian and Wendell. Mrs. Devlin stated that she has no concerns with the draft but would suggest if they were comfortable that either she or Mr. Brandewie call each one of the gentleman tomorrow to review the draft and if they are she would sign off on it.

Review of Draft By-Laws

Mrs. Devlin stated that she is caught up on the Draft By-Laws and they will be going out to Mr. Brooks. They can do a turnaround and she wanted to know if there was any provision to approve them away from the meeting since they never had bylaws anyway. Her suggestion is that she send it to Mr. Brooks and they come to a consensus and pass it out amongst the rest of the BZA members. Mrs. Devlin stated they will take action at the next meeting.

Mrs. Devlin suggested they go through the snail process, and then they will be on the agenda September 24, 2013 and asked Mr. Brandewie if they could get together within a week; then that would give three weeks to do the review and come back.

Draft Zoning Ordinance

Mrs. Devlin stated that she had the Draft Zoning Ordinance in rough draft and that she was going to finish it up the next day, get it to Mr. Cooke for his overview and then get it to Mrs. Roane because all comments have to be in by Saturday, the 31st; but she will probably have it in by Thursday. Mrs. Devlin also asked if elections could hold off until the 24th.

Mr. Cooke asked with regard to the new Draft Zoning Ordinance, they've had two public hearings where they provided input, what happens after that?

Mrs. Devlin replied that Saturday is the close of public input. They are supposed to put together a flow chart or ledger of all comments that have been made which is supposed to be available to anyone and everyone, and then they are going into a work session. Mrs. Devlin asked Mr. Brandewie if she was correct and has the work session been scheduled...if it was the second meeting in September.

Mr. Brandewie stated that their normal meeting times are the first Tuesday and the third Tuesday of September.

Mrs. Devlin also asked Mr. Brandewie to keep them posted as to when that is happening. Discussion followed about the public input process to the zoning update.

Mr. Cooke stated that he would go back to the bylaws on page 45, the board's rules and regulations governing the procedures and operations not being consistent with the provisions of this chapter, so there's nothing there that he sees that requires City Council to approve any bylaws that we have, as long as we meet them and they are consistent with the zoning ordinance.

Mrs. Devlin suggested that Mr. Brandewie research whether City Council has to approve BZA's By-Laws and that unless Mr. Brandewie hears differently they will go by the interpretation of this code. Mrs. Devlin also asked if he wanted her to send an email to the Mayor tomorrow and asks if there is anything else.

Mrs. Devlin put forth a motion to adjourn. It was properly seconded. Motion carried.

The workshop adjourned at approximately 10:00PM.

Respectfully submitted,

Trina Massey Epps Daniel L. Brandewie
Temporary Administrative Assistant City Planner II


Signature: ____________________ Date: _________________
Vice-Chairman, Board of Zoning Appeals

 

Note: These minutes were approved at the BZA meeting conducted on ___________ 2013.