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Oklahoma Association of Municipal Attorneys

tie at planning and zoning

Kay Robbins Wall

Mon, Apr 25, 2022 9:44 PM

Fellow Attorneys:
My Planning and Zoning Board in Eufaula has five members. At a recent meeting, one was absent. We had an applicant apply to place a mobile home in an area in which mobile homes are not allowed. He amended his application to place modular homes in this area. The vote was deadlocked, two for and two against.Where do I recommend that we go from here? Re-agenda it at a subsequent planning and zoning meeting until all five are present, and I will not have a tie?Pass it along to the next City council meeting for Council to consider and review the denial of the application? Or just tell the applicant that his application did not pass?
I do not recall having this happen before, and I am needing suggestions, urgently.
Thanking you in advance.
Kay Wall918.689.7737 office

Fellow Attorneys: My Planning and Zoning Board in Eufaula has five members. At a recent meeting, one was absent. We had an applicant apply to place a mobile home in an area in which mobile homes are not allowed. He amended his application to place modular homes in this area. The vote was deadlocked, two for and two against.Where do I recommend that we go from here? Re-agenda it at a subsequent planning and zoning meeting until all five are present, and I will not have a tie?Pass it along to the next City council meeting for Council to consider and review the denial of the application? Or just tell the applicant that his application did not pass? I do not recall having this happen before, and I am needing suggestions, urgently. Thanking you in advance. Kay Wall918.689.7737 office

Jeff Bryant

Mon, Apr 25, 2022 10:09 PM

Kay,

In Norman, we would consult with the applicant and let them choose. In Norman, the City Council can accept or reject the recommendation of the Planning Commission. So, if the applicant’s circumstances were time sensitive, then they may choose to take their chances at City Council with essentially no recommendation from the Planning Commission. If it was important to the applicant to have a positive recommendation from the Planning Commission, then they may ask for it to be redocketed to have the full Planning Commission present for the vote, and then try to understand and accommodate what motivated the negative votes of the other Planning Commission member. Of course, you would want to check your local ordinances to determine whether a tie vote is already specifically dealt with there.

Hope this is helpful.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
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From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Monday, April 25, 2022 4:45 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] tie at planning and zoning

Fellow Attorneys:

My Planning and Zoning Board in Eufaula has five members. At a recent meeting, one was absent. We had an applicant apply to place a mobile home in an area in which mobile homes are not allowed. He amended his application to place modular homes in this area. The vote was deadlocked, two for and two against.
Where do I recommend that we go from here? Re-agenda it at a subsequent planning and zoning meeting until all five are present, and I will not have a tie?
Pass it along to the next City council meeting for Council to consider and review the denial of the application? Or just tell the applicant that his application did not pass?

I do not recall having this happen before, and I am needing suggestions, urgently.

Thanking you in advance.

Kay Wall
918.689.7737 office

Kay, In Norman, we would consult with the applicant and let them choose. In Norman, the City Council can accept or reject the recommendation of the Planning Commission. So, if the applicant’s circumstances were time sensitive, then they may choose to take their chances at City Council with essentially no recommendation from the Planning Commission. If it was important to the applicant to have a positive recommendation from the Planning Commission, then they may ask for it to be redocketed to have the full Planning Commission present for the vote, and then try to understand and accommodate what motivated the negative votes of the other Planning Commission member. Of course, you would want to check your local ordinances to determine whether a tie vote is already specifically dealt with there. Hope this is helpful. Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 Cell: 405-830-8672 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Monday, April 25, 2022 4:45 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] tie at planning and zoning Fellow Attorneys: My Planning and Zoning Board in Eufaula has five members. At a recent meeting, one was absent. We had an applicant apply to place a mobile home in an area in which mobile homes are not allowed. He amended his application to place modular homes in this area. The vote was deadlocked, two for and two against. Where do I recommend that we go from here? Re-agenda it at a subsequent planning and zoning meeting until all five are present, and I will not have a tie? Pass it along to the next City council meeting for Council to consider and review the denial of the application? Or just tell the applicant that his application did not pass? I do not recall having this happen before, and I am needing suggestions, urgently. Thanking you in advance. Kay Wall 918.689.7737 office