HomeMy WebLinkAboutResolution - 063064L - Director Of Planning & Zoning To Review Appeals For Zoning Ordinance Provisions - 06_30_1964 FOS:jlm
` RESOLUTION
WHEREAS„ it appears to the City Council that the legislative and administr -
tive machinery under which the comprehensive Zoning Ordinance of the City of
"1 Lubbock must operate, requires an administrative determination from time to time
"1 l� of the applicable provisions of the Zoning Ordinance governing exceptions and
variances, and
WHEREAS,, the Zoning Board of Adjustment has heretofore requested that
all cases appealed and placed on its agenda be reviewed administratively by the
Director of Planning and Zoning and/or the City Attorney to determine whether suc
cases are within the jurisdiction of the Zoning Board of Adjustment, and
WHEREAS,, it appears to be in the best interest of the administration of the
Zoning Ordinance of the City of Lubbock that all cases be reviewed by either the
Director of Planning and Zoning or the City Attorney prior to being placed on the
agenda of the Board of Adjustment, NOW THEREFORE,,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Director of Planning and Zoning and/or the City Attorney be and
are hereby instructed and authorized to review all applications for appeal now
pending before the Board of Adjustment and all which may hereafter be made in-
volving exceptions and variances to determine whether such appeals are proper
subject of hearing before the Board of Adjustment, and that in the event the
application for appeal should be rejected by an administrative decision the applican
shall be notified in writing the reason the application is rejected and further be
advised as to what recourse is afforded under the existing conditions.
Passed by the City Council this 30th day of June , 1964.
MAX TIDMORE,, Mayor
ATTEST*
.Lav nia Lowe;--Cit Secretary-Treasurer
APPROVED AS TO FORM:
RED O. SENTER, JR.,
City Attorney
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Honorable k ors City Cl—mission Lubbock, Texas
City of Lubbock November 23e 1963
Lubeck, Texas
2•1ombers of the Board of Adjustmnt balieve mou that this request
is n2cesssry to eliminato sonz) confusion and that it will avoid unnace-scary
emb.rrass-mant. to all co.cerwd in the future.
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Ira ordar that Ott Board of Adjust=nr =y fulfill the duties for
ich try were salacted, the m�m3�re respectfully trequast ation by the
ty Camissidn orgy these racos�s-andatfx= prior to tiny furtherca.-x .deration
cases pendinS before the board.
Si ^raly yours,
L
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cc: Mr. Robert Burr
City hall
Lubleka Texas
Mr. Fred Senter
City Es ail
Lubbock# Texas
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' • • -t 1 • k 'August �, ',.Z9Vi '.
Honorable Members
Zoning Board of Adjustment'
City of .Lubbock ;
Lubbock, Texas
Gentlemen: .
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The joint meeting held on August 4, 1964, with a majority of the members of the Zoning
Board of Adjustment, Planning and Zoning Commission and•City Council present, was
called for the purpose ,of examining the existing ordinance which defines sign regula-
tions in the C-2A Zoning District. The Council -tin 'erely appreciates the attendance
and interest expressed relating to this problem -by-members of the Zoning Board of
Adjustment and the Planning and Zoning Commission. It is 'felt that the joint meeting
was a profitable one and it. appeared that the consensus of those present expressed a
• desire to retain the C62A sign regulations. as originally enacted,'with possibly a few
minor modifications.
It was understood that this -joint meeting clarified both the intent •of the C-2A 'sign
regulations and the jurisdictional functions of the Zoning Board of Adjustment.
The Board's letter of November 23, 1963, addressed to the City 'Council, requested action
by the Council on'specific recommendations relative to the Board's jurisdiction. (A
copy of the Board's letter is attached). In compliance with this request and after due
consideration of the possible alternatives, the City Council unanimously passed a resole
tion on June 30, 1964 (a copy of which is attached)..
. .On two separate occasions, the City Attorney advised the Board_.by written communication .
' that-Zoning Board of Adjustment Case V-263-A, relative to sign permits on Tract E,
Mackenzie Terrace Addition, was not within the jurisdiction of the Board. ' It is the
opinion of the City Council that the Board's action on August .5, 1964, relative.to Case
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V-263-A substantially had the effect of changing, the sign use regulations on this tract _
from Zoning District C-2A' to C-L , Furthermore,,, it to the unanimous opinion of,tbe City
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Honorable Members
Zoning Board of Adjustment
City of Lubbock
August 6, 1964
Council that the Bvard's decision on this case constituted legislative action. There
fore,' � he City Council in a special called session on August '6, 1964, in order to
upholdthe integrity of the Zoning Ordinance -of the City of Lubbock, took the following , .".'..
action: ,
"Motion by Councilman Simpson, .Seconded by Councilman Kastman that the City Manager be
ins#ructed not to issue any sign permits in connection with the proposed development.-.
of Tract E, Mackenzie Terrace Addition, which are not in conformity with Zoning
District C-2A sign regulations," This motion carried by a, unanimous vote of the City
Council.
The City Council sincerely appreciates the time and tireless effo'rts.of the members of
the Zoning Board of Adjustment in reviewing many difficult cases in behalf of the
-citizens; and, hopes that this action will clarify and strengthen the relationships be-
tweei2' the Board "-the City Council,
ue theiefore-respectfully request that the Board reconsider their action relative to
Case 442634.
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Sincerely,
ph
Max Tidmore
r Mayor
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