HomeMy WebLinkAboutMinutes BZA 12-19-02gIVIV�'�' of CAq`�
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Carmel /Clay Advisory Board of Zoning Appeals
Special Meeting
Thursday, December 19, 2002
The special meeting was held at 12:45 PM in the Council Chambers of Carmel City Hall on
December 19, 2002. Those members in attendance: Michael Mohr, Earlene Plavchak, Pat Rice, and
Charles Weinkauf, thereby establishing a quorum. Leo Dierckman was absent.
Department of Community Services Staff in attendance: Director Mike Hollibaugh, Planning
Administrators Laurence Lillig and Kelli Lawrence, and Building Commission Jeff Kendall. John
Molitor, Legal Counsel was also present.
John Molitor reported the Staff had requested this special meeting in order to consider two short
amendments to the Rules of Procedure. These amendments will fill gaps in the rules that apply to
situations that may arise from time to time.
The First Amendment has to do with a situation with an amendment to a zoning ordinance that is
pending before the City Council and that amendment would have the effect of taking some issue
away from the Board of Zoning Appeals, and the BZA has a petition pending before it during that
particular time. All it states is that the BZA may table that item until such time as the City Council
has acted, thereby giving City Council the opportunity to decide whether or not the BZA should
have jurisdiction of that issue.
The Second Amendment has to do with when there is litigation pending of a prior issue that has
been decided by the BZA. The Rules already state if there is an issue before the BZA that is
defeated, the waiting period is six months before the issue can be brought back before the BZA. It
does not state that the wait is six months from the time the litigation is resolved. The problem arises
when there is litigation pending and it has been six months and someone comes in and asks the
BZA to reconsider something that is still under litigation.
There was no Department Report.
This was not a Public Hearing item.
Mr. Weinkauf moved to table Article VII, Section 7 (the First Amendment) until such time there is
an opportunity to further review and discuss the amendment. The motion was seconded by Mrs.
Rice.
Mr. Mohr asked if the amendment meant the Board may table the application, but was not required
to table it.
Mr. Molitor stated that was correct.
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Carmel/Clay Board of Zoning Appeals
December 19, 2002
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Mr. Weinkauf stated he wanted to study the far reaching ramifications of such an amendment.
The motion to table was APPROVED 4 -0.
Mr. Weinkauf moved to approve Article VIII, Section 7 (the Second Amendment). The motion was
seconded by Mrs. Plavchak.
Mr. Mohr asked if the wording could read either /or.
Mr. Molitor explained the amendment is a restriction on what the Staff can place on the agenda. It
will prevent something from going onto the agenda until these dates.
The motion to approve was APPROVED 4 -0.
The meeting was adjourned at 1:00 PM.
Michael Mohr, President
Connie Tingley, Secretary
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