BOA Variance Case 1980-01_1980-02_900 Delany

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• • BOARD OF APPEALS AND BOARD OF ADJUSTMENT MINUTES: ORGANIZATIONAL MEETING JANUARY 24, 1980 PAGE 2 B. ARTICLE 2. Members. 1. Section 2. Terms of Board Members. Rupp comments that the portion of this Section which. reads, "All terms shall commence following the first Monday of any day in the calendar year.", should be alright since the State Statues require that the City Council take office the first Monday also. C. ARTICLE 3. Officers and Personnel. No comments. D. ARTICLE 4. Meetings. 1. Section 4. Hearings. a. Point 6. Comments by Staff. Rupp asks if this is a new provision, adding on later in the discussion that he hopes it would stay in there so that the Staff (meaning the Chief Building Inspector, for the most part), would have the oppurtunity to express comments to the Board for their consideration, or not just for their consideration. After some general discussion between the Board and the Staff, it was agreed upon to leave the provision as it is in the By -Laws, so that the Staff can bring last minute additional information to the Board's attention, help the Board in referring to the Louisville Municipal Code, and to point out conflicting areas of the Municipal Code if a variance were to be approved. The staff should not, however, make any recommendations or try to persuade the vote to go one way or another. Davies suggests that it might be a good idea if a point Number 11 shouldn't be added on to this section, asking the Building Inspector for anything that the Board hasn't covered in the meeting, off the floor, or amongst the members. He feels that they should ask him (the Building Inspector), because so far he would have no authority to say a word until they do so. Ferris comments that sometimes it might be a good idea to get the Planning Commission's feelings and ideas on some of the variances, (i.e., setbacks), as they might be able to clarify some of their intentions and thoughts that they had in the very beginning. "- Rupp points out that the difference between a Zoning Variance and a P.U.D. amendment can be very confusing. b. Point 10. Vote by Board. !. John Rupp states that when you have a tie vote, and it isn't spelled out in the By -Laws, it should be stipulated that a tie vote is automatically a vote of denial so that the applicant doesn't get confused.