Board of Adjustment
Small Town needs to appoint members to the Board of Adjustment. Approximately 500 people reside within the Town limits, therefore it is difficult to find individuals willing to serve. There are numerous individuals who reside in the unincorporated areas surrounding the Town limits, some of whom are willing to serve on the Board of Adjustment. The Town's ordinances and State statutes do not address whether members of the Board of Adjustment must be residents of the Town. Can non-residents serve on the Town's Board of Adjustment?
Thank you,
Joe
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Joe,
As you indicated the BOA statute does not have a residency requirement. This is contrary to the planning commission and town board requirements which expressly state a residency requirement. I know of quite a few cities that allow BOA members to serve on the board for this reason. I think it is a good solution for your small town issue and one I have seen performed regularly.
Daniel McClure
From: Joe Weaver via Oama oama@lists.imla.org
Sent: Monday, October 2, 2023 5:23 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Board of Adjustment
Small Town needs to appoint members to the Board of Adjustment. Approximately 500 people reside within the Town limits, therefore it is difficult to find individuals willing to serve. There are numerous individuals who reside in the unincorporated areas surrounding the Town limits, some of whom are willing to serve on the Board of Adjustment. The Town's ordinances and State statutes do not address whether members of the Board of Adjustment must be residents of the Town. Can non-residents serve on the Town's Board of Adjustment?
Thank you,
Joe
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The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.
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In my opinion residency is not a requirement for appointment to Board of Adjustment.
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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Joe Weaver via Oama oama@lists.imla.org
Sent: Monday, October 2, 2023 5:23 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Board of Adjustment
Small Town needs to appoint members to the Board of Adjustment. Approximately 500 people reside within the Town limits, therefore it is difficult to find individuals willing to serve. There are numerous individuals who reside in the unincorporated areas surrounding the Town limits, some of whom are willing to serve on the Board of Adjustment. The Town’s ordinances and State statutes do not address whether members of the Board of Adjustment must be residents of the Town. Can non-residents serve on the Town’s Board of Adjustment?
Thank you,
Joe
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I agree with Davis
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
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Visit us at our website http://www.cheekfalcone.com/
From: david davis via Oama oama@lists.imla.org
Sent: Tuesday, October 3, 2023 9:44 AM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org; Joe Weaver jweaver@basslaw.net
Subject: [Oama] Re: Board of Adjustment
In my opinion residency is not a requirement for appointment to Board of Adjustment.
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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Joe Weaver via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Monday, October 2, 2023 5:23 PM
To: OAMA luistserv (OAMA@lists.imla.orgmailto:OAMA@lists.imla.org) <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Board of Adjustment
Small Town needs to appoint members to the Board of Adjustment. Approximately 500 people reside within the Town limits, therefore it is difficult to find individuals willing to serve. There are numerous individuals who reside in the unincorporated areas surrounding the Town limits, some of whom are willing to serve on the Board of Adjustment. The Town's ordinances and State statutes do not address whether members of the Board of Adjustment must be residents of the Town. Can non-residents serve on the Town's Board of Adjustment?
Thank you,
Joe
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.
Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
To Daniel's point, compare 11 O.S. 8-101 ("A municipal elected official
shall be a resident and a registered voter of the municipality in which he
serves") and 45-102 ("The municipal planning commission shall consist of
not less than five (5) citizens, all of whom shall reside within the
municipality.") with 11 O.S. 44-101 ("The board of adjustment shall consist
of five (5) members"). The inclusion of words/phrases in one statute
without including it in another is typically viewed as being intentional.
The Legislature made residency a requirement to be on a City Council/Town
Board and a Planning Commission but omitted that language from the BOA
statutes. So I agree with the hive mind - no residency requirement for BOA.
On Tue, Oct 3, 2023 at 10:11 AM Daniel McClure via Oama oama@lists.imla.org
wrote:
Joe,
As you indicated the BOA statute does not have a residency requirement.
This is contrary to the planning commission and town board requirements
which expressly state a residency requirement. I know of quite a few cities
that allow BOA members to serve on the board for this reason. I think it is
a good solution for your small town issue and one I have seen performed
regularly.
Daniel McClure
From: Joe Weaver via Oama oama@lists.imla.org
Sent: Monday, October 2, 2023 5:23 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Board of Adjustment
Small Town needs to appoint members to the Board of Adjustment.
Approximately 500 people reside within the Town limits, therefore it is
difficult to find individuals willing to serve. There are numerous
individuals who reside in the unincorporated areas surrounding the Town
limits, some of whom are willing to serve on the Board of Adjustment. The
Town’s ordinances and State statutes do not address whether members of the
Board of Adjustment must be residents of the Town. Can non-residents serve
on the Town’s Board of Adjustment?
Thank you,
Joe
NOTICE:
- The information contained in this transmission is or may be protected by
the attorney-client and/or the attorney work product privilege and is
confidential. It is intended only for the use of the individual or entity
identified above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination or distribution of
the accompanying communication is prohibited. No applicable privilege is
waived by the party sending this communication. If you have received this
communication in error, please notify us immediately by reply and delete
the original message from your system. Circular 230 Disclosure: To ensure
compliance with requirements imposed by the IRS, we inform you that any
U.S. federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii) promoting, marketing or recommending to another party any transaction
or matter addressed herein.*
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