Zoning board, officer must comply with law

BAGUIO City Councilor Philian Louise Weygan-Allan is proposing that the zoning officer and the Local Zoning Board of Adjustment and Appeals (LZBAA) comply with the Zoning Ordinance and the Comprehensive Land Use Plan (Clup) of the city with regard exemptions and variations.

In her proposal, Councilor Weygan-Allan noted the concern raised by the Housing Land Use and Regulatory Board (HLURB) on the increasing incidence of deviations made by local government units (LGUs) from the approved Clup and zoning ordinance through the issuance of special use, permits, variances, exceptions and other similar permits which amount to so called “spot zoning” or “rezoning.”

She also mentioned in her proposal that during a regular session of the City Council last September 3, Architect Elvis Palicdon, a member of the Local Zoning Board, revealed to the august body that certain establishments in the City were granted exemptions and deviations from the zoning ordinance.

A list detailing establishments given exemptions was later provided to the august body by Engr. Felino D. Lagman.

Likewise, the lady councilor cited a recent decision by the Board of Commissioners of the HLURB in Virginia Oteyza de Guia, Kidlat Tahimik, Eric De Guia and Lucila Camus-Pangilinan vs Baguio City Patriotic High School, HLURB Case number TPZ-A-110704 where the HLURB reversed the grant of exemption by the Baguio City Zoning Board for non-compliance with the requirements for exemption.

Weygan-Allan also noted that Resolution 878, Series of 2011 provides that all amendments to the Clup and the zoning ordinance of the LGU should not be implemented unless said amendments have been carried out through a resolution of three fourths vote of the City Council and through the same process in the approval of the Clup.

City Ordinance 051, series of 2001, otherwise known as the Comprehensive Zoning Ordinance of the City, provides in sections 30 and 31 thereof, that the responsibility for the administration and enforcement of the said ordinance falls on the shoulders of the local chief executive through the zoning officer attended with certain powers and functions such as, (1) call and coordinate with the Philippine National Police (PNP) for the enforcement of all orders and processes issued in the implementation of the above ordinance, and (2) coordinate with the City Prosecutor for other legal actions/remedies relative to the above matter.

Councilor Weygan-Allan also recommended in her proposal that the city planning officer and those involved in the drafting of the city’s Clup, as well as the Committee on Urban Planning, Land and Housing include in the penalties for violation of the requirement of building height the provision for the violator to personally demolish the structure built over and above the allowed building height. (Brix Domondon)