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HomeMy WebLinkAboutMinutes - City Council - 07/29/1999SOUTH BURLINGTON CITY COUNCIL Special Meeting 29 July 1999 The South Burlington City Council held a special meeting on Thursday, July 29, 1999, in the Conference Room, City Hall, 575 Dorset Street. Members present: James Condos, Chair; Terrance Sheahan, David Austin Also present: Randall Kay, Tom Anderson, Gayle Quimby, John Dinklage, Garrison Roth, Eric Schmidt, Dan O'Rourke, Roger Farley, George Chamberland, Lynn Fife, Steve Stitzel, Joe Weith, Ray Belair, Chuck Hafter The special workshop was arranged by the City to review the new planning and permitting functions starting August 1, 1999 with the appointments of a Development Review Board and the new Planning Commission. Jim Condos reviewed the history of planning and zoning in the city and described why the city adopted the new organization of the Development Review Board (DRB) and Planning Commission (PC). Steve Stitzel told the group that his advice would constitute "best practice advice" that was most likely to keep the City from being sued. Steve described the responsibilities of each organization under the new concept. The DRB and PC duties are outlined in state statute 24 VSA and following sections. The DRB is a quasi-judicial board and needs to act in a manner similar to a court. The PC acts as a legislative board and has greater latitude outside the formal process. Steve recommends that the PC receive a copy of all DRB decisions. The PC should schedule time to review these decisions curing their meetings. This will help the PC stay in touch with how by-laws are being implemented. On appeals to the DRB from a decision by the zoning administrator, the administrator should step down from the Board and present his case from the audience. This has not been the practice of the zoning board of adjustment but will be incorporated into the practice of the DRB. David Austin suggested that the PC and DRB review their bylaws. Steve Stitzel discussed the transition procedures from the old to the new system. Several procedural questions were discussed. David Austin suggested that applicants going to the DRB sign a waiver from PC review during the transition period. Steve recommended that the City Council pass a motion to state that the PC is a five-member board. The Council also needs to decide on how to deal with appeals from the sign ordinance and other ordinances which give specific functions to the PC. Steve talked about applications that require multiple approvals, i.e. site plan, conditional use and a variance. Each decision must be rendered separately with respective time lines adhered to. All applications may be considered in a single hearing. Steve reviewed the criteria for variances from the DRB. The five standards are contained in 24 VSA 4468. These criteria are very hard to meet and must be strictly construed. The Vermont Supreme Court has never considered the criteria legally met. The DRB should only grant a variance that meets each of the criteria. It may be possible under Vermont law to grant a "use variance" if it meets the five criteria. This is very unlikely. David Austin moved adjournment. Terry Sheahan seconded. The motion passed unanimously. The meeting adjourned at 9:25 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.