Board of Adjustment and Appeals
If a municipality wants to provide in its zoning ordinance a mechanism through which it can approve waivers from the strict letter of the zoning rules, state law authorizes the city council to establish procedures for the appointment of a Board of Adjustment (aka, he "Zoning Board of Adjustment"). TLGC 211.008. The zoning ordinance may provide that the Board of Adjustment (BOA) can make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and with any applicable rules contained in the ordinance. The Board of Adjustments and Appeals (BOA) was established by the City Council via Ordinance No. 1997-8 on July 17, 1997.
The BOA consists of five (5) members and two (2) alternates for a term of two (2) years and are appointed by the City Council.
Appeals to the Board: Appeals from the decision of an administrative official to the BOA may be taken by any person aggrieved by, or by an officer, department, board, or bureau of he City affected by, any decision of the administrative official. The appeal shall be taken within a reasonable time, as provided by the rules of the BOA, by filing with the official from who the appeal is taken and with the BOA a notice of appeal specifying the grounds for the appeal. An appeal stays all proceedings in furtherance of he appealed action.
Hearings: All cases heard by the BOA shall be heard by at least 75% of the Board, with the Alternates serving in place of absent members. The concurring vote of 75% of the BOA shall be necessary to reverse any order, requirement, decisions or determination of any administrative official of the City; to decide in favor of any Applicant on any matter; or to authorize a variance from the terms of the zoning or ordinance. All meetings are public. Written notice of hearings are given to the applicant and all of the persons who are the owners of real property lying within two hundred (200') feet of the property on which the application or appeal is made. The applicant may appear at a BOA hearing in person or through a designated attorney or agent. BOA hearings are similar to trials because they focus on the presentation of evidence and establishment of a record. When ruling on a variance request, the BOA must comply with the requirement of Texas Local Government Code 211.011(c), (d) (1999) that the board state any pertinent and material facts to support its decision and to specific the facts.
|Staff Liaison||Rick Adams||Planning Director|
|Staff Liaison||Nicole Boyer||Planning Asst.||Board Secretary|
THE CITY OF PORT ARANSAS is accepting applications for a term on the BOARD OF ADJUSTMENTS AND APPEALS. A candidate's list for the selection of an appointee to this board will be compiled for Council consideration at the August 15, 2019 City Council Meeting. Deadline for accepting applications is August 7, 2019. Applications may be obtained at City Hall, 710 W. Avenue A or on the City?s website at: www.cityofportaransas.org. under City Government, click on Boards and Commissions.