Guest Fran Williams

Five-Member Board/One Resignation

6 posts in this topic

We have a five-member Board of Zoning Appeals. One member has resigned effective after our last meeting. During our next meeting, we will need three members present for a quorum. However, if there are four members present and two vote to deny an application and the other two vote to approve it, how should this tie be broken? Thank you!! 

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Just now, Guest Fran Williams said:

We have a five-member Board of Zoning Appeals. One member has resigned effective after our last meeting. During our next meeting, we will need three members present for a quorum. However, if there are four members present and two vote to deny an application and the other two vote to approve it, how should this tie be broken? Thank you!! 

The motion will be defeated.  There is no tiebreaker.

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5 minutes ago, Fran Williams said:

So, would the application be approved or denied?

If the motion is to approve the application and the vote is two in favor and two opposed, the motion (and therefore the application)  is defeated on a tie vote.

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Agreeing with the above, there may well be applicable laws  here regarding the number of votes needed to approve a permit and the form of the motion.  

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