STRATEGIC PRIORITY: Growing
AGENDA DATE: June 11, 2025
COUNCIL DISTRICT(S): Citywide
DEPARTMENT: Department of Planning and Development
EXECUTIVE: Robin Bentley
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SUBJECT
Title
A resolution amending the Board of Adjustment’s Rules of Procedure by (1) amending the duties of the board administrator and board secretary; (2) amending the timeframe that an applicant may withdraw or amend an application; (3) amending requests for board action to allow for the consolidation and assignments of cases and appeals to a single panel in extraordinary circumstances; (4) amending compliance cases to conform with Ordinance No. 33012; and (5) making other non-substantive changes - Financing: No cost consideration to the City
Body
BACKGROUND
These amendments were reviewed and composed in collaboration with Board of Adjustment (BOA) Members, the City Attorney’s Office, and the Planning and Development Department. The BOA Working Rules of Procedure Amendments were unanimously approved by the Board on October 29, 2024, during their Annual Full Board Meeting.
The BOA approved additional amendments to reflect Council-approved amendments to the Dallas Development Code regarding compliance cases to conform with Ordinance No. 33012 at the May 19-21, 2025, panel meetings.
Overall, the proposed amendments to the BOA Rules of Procedure include minor revisions to the following sections:
• Sec. 3- Quorum
• Sec. 6 - Duties of Board Administrator
• Sec. 7 - Duties of Board Secretary
• Sec. 8 - Alternate Members
• Sec. 10 - Requests for Board Action
• Sec. 11 - Public Testimony and Public Hearings
These revisions aim to improve the policies and procedures of the Board of Adjustment. Notably, the changes to Sec. 8- Alternate Members clarify and define the duties of alternate members as well as changes to Sec. 11- Public Testimony and Public Hearings (m) Compliance Cases to reflect Council-approved amendments to the Dallas Development Code regarding compliance cases to conform with Ordinance No. 33012.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 29, 2024, the Board of Adjustment Rules of Procedure Proposed Amendments were adopted unanimously by the Board of Adjustment.
The Economic Development Committee (EDC) was briefed on the proposed amendments on December 2, 2024.
On December 11, 2024, the City Council deferred the Board of Adjustment Rules of Procedure Proposed Amendments to the March 26, 2025, Council Agenda.
On March 26, 2025, the City Council remanded the item with the following instruction: Amend Section 11 of the proposed Board of Adjustment’s Rules of Procedure to comply with Ordinance No. 33012.
On April 28, 2025, Chairman Neumann, Vice Chair Agnich, and Vice Chair Gambo met with the City Attorney’s Office to propose an amendment to the Board of Adjustments Rules of Procedure to comply with the new city ordinance concerning Compliance Cases.
On May 19-21, 2025, the updated Board of Adjustment Rules of Procedure Proposed Amendments to reflect Council-approved amendments to the Dallas Development Code regarding compliance cases to conform with Ordinance No. 33012 were adopted unanimously by the Board of Adjustment.
FISCAL INFORMATION
No cost consideration to the City.