BOA Variance Case 1980-01_1980-02_900 Delany

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• • ity BOARD OF APPEALS AND BOARD OF ADJUSTMENT MINUTES - ORGANIZATIONAL MEETING JANUARY 24, 1980 PAGE 3 All the Board Members reply that there is no tie vote. Rupp asks what if there were only 4 members. Pickett replies that they have the option of continuing the hearing until there are 5.. Rupp asks what if they wanted to go with the 4 members? Davies replies that in a tie vote then they would lose. Rupp states that it would be an automatic denial then. Rupp then asks what would the applicant do about re -applying? Davies replies that it would be too late for the applicant, that it would take 2 years to re -apply. Rupp points out that it's not spelled out in the By -Laws. Pickett states that that is explained to the applicant at the time, that they can take their chances, and that it's 2 years before they can re -apply. Ferris points out that it is in the By -Laws, under Section 3. The Quorum. "The concurring vote of 4 members of the Board shall be required to approve matters presented before the Board." Pickett says that under Section 6. Continuance., it tells why, and finishes it up. Reed? or Davies? points out that it still does not day that it's denied. Ferris says thatthey. probably ought to spell out what it takes to get a variance. He says that under the State Statue it requires 4 concurrant votes for it to be approved. He points out that if they spelled it out they would be covered right from the very beginning. Pickett says that the Chairman always does this when he opens the hearing. Chairman says that when there is only 4 members, he tells the applicant if they want to go ahead with just the 4 members, okay, and if they don't, then they have to re -apply for their variance. He also refers to Section 17.48.060 of the Louisville Municipal Code, Number of Votes Required for Case Approval. "The concurring vote of 4 members of the Board of Adjustment shall be required to approve any matter presented to the Board." Rupp states that they've got to have a motion to deny or approve, because when he's run into tie votes at meetings before, they say it hasn't been denied or it hasn't been approved, and it could just go on and on with the tie voting, and it just wouldn't get approved. It is generally agreedrby the Board members that it takes 4 concurring votes to approve a variance.