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City of Jenks Board of Adjustment holds training; elects chair and vice chair, approves minutes

3331962 · May 15, 2025
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Summary

At a meeting of the City of Jenks Board of Adjustment (date not specified), members received a training on quasi‑judicial procedures and open‑meetings/open‑records rules, reappointed Eric Baster as chair, elected Ortiz as vice chair, and approved the Jan. 16, 2025 minutes.

The City of Jenks Board of Adjustment met for a training workshop (date not specified) that included officer elections and approval of meeting minutes. Members reappointed Eric Baster as chair, elected Ortiz as vice chair, and approved the board’s Jan. 16, 2025 minutes.

The training, delivered by city planning staff, reviewed the board’s quasi‑judicial role, notice and hearing procedures, the four statutory criteria for variances, the narrower test for special exceptions, and the requirements of the Oklahoma Open Meetings Act and Open Records Act. Planning staff told members the board typically has five members appointed for three‑year terms, a quorum is three, and a successful vote requires three affirmative votes.

Why it matters: The Board of Adjustment hears appeals, variance requests and special‑exception requests that can be appealed to district court. Planning staff emphasized procedural safeguards—no ex parte contacts, disclosure of conflicts, and making decisions based on evidence on the record—to reduce the risk of reversal on appeal.

Planning staff summarized procedural and substantive requirements the board must follow: notice procedures (a 300‑foot radius for mailed notice and a sign on the property were described), the board’s role as an administrative quasi‑judicial body applying law to facts, and the four variance factors (unnecessary hardship caused by physical conditions; peculiarity to the property; no substantial detriment to the public good or impairment of the ordinance’s intent or the comprehensive plan; and relief limited to the minimum necessary). Staff also explained that special exceptions are conditional permitted uses requiring findings that the use will harmonize with the UDO and not be injurious to the neighborhood.

Staff reviewed open‑meetings and open‑records rules. Members were warned that text messages, emails and social media about board business may be subject to public records requests, that side conversations and polling members outside a public meeting risk violating the Open Meetings Act, and that willful violations can carry misdemeanor penalties. The presenter said, “It is a very important role at the city and it's a very important role across the state,” when describing the board’s responsibilities (Planning staff).

A board member raised concerns about the risk of appeal and said they feel “really nervous” about variances; staff said they often advise applicants ahead of time when a request is unlikely to meet the required criteria. Another member, Marcia (board member), read an email identifying Senate Bill 647 as a state legislative proposal under discussion and said, “It is senate bill 647, municipal planning and zoning,” noting the bill could alter municipal zoning authority if enacted (Marcia).

Planning updates and other business: Staff said the downtown master plan public‑engagement phase is underway with multiple events scheduled; consultants will continue engagement at upcoming community events. The meeting adjourned after the training and the brief business items.

Votes at a glance: - Election of chair: Motion to appoint Eric Baster (motion text: not specified). Vote by roll call: Foley — yes; Patel — yes; Pittman — yes; Schust — yes; Enyart — yes. Outcome: approved. - Election of vice chair: Nomination of Ortiz (motion/second not specified). Vote by roll call: Foley — yes; Patel — yes; Pittman — yes; Schust — yes; Enyart — yes. Outcome: approved. - Consent agenda (Approval of minutes of the regular meeting 01/16/2025): Motion to approve (mover/second not specified). Vote by roll call: Foley — yes; Patel — yes; Pittman — abstain; Schust — yes; Enyart — yes. Outcome: approved.

The training included instructions to direct anyone seeking to contact a board member about a pending case to staff, to disclose any potential conflicts on the record, and to avoid discussing pending cases outside public hearings. Staff said their reports will continue to include the statutory criteria the board must apply so members and the public can see the standards used in evaluating requests.