Board of Adjustment Agenda and Packet 2016 12 21

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Board of Adjustment Meeting Minutes November 16, 2016 Page 2 of 12 the length of the testimony if I determine it to be necessary because of the number of persons signed up to testify. The Board will not observe formal rules of evidence but may consider any matter which I conclude is reasonable reliable and calculated to aid the Board in reaching an accurate determination of the issue involved. Board members may question any person addressing the Board at any time. The attorney for the Board is not present at this hearing. The hearing will be conducted in the following order: 1. The Board will first receive a presentation by City Staff, followed by any questions. 2. Next, the Board will receive a presentation by the Applicant, followed by any questions. 3. The Board will then receive evidence or testimony from persons supporting the application, followed by any question; and then receive evidence or testimony from persons opposing the application, followed by any questions. 4. The Applicant will then be allowed an opportunity to rebut or respond to any of the evidence or testimony presented and may be questioned on its rebuttal or response. 5. The Applicant and City Staff will then be asked to make a closing statement if they so desire. 6. Once all presentations, evidence, and testimony has been received, the public hearing will then be closed. 7. Following the conclusion of the public hearing, the Board will discuss the evidence presented here tonight. The Board may then either render its decision this evening or take the matter under advisement for further deliberations. 8. In order to approve a request for a flood plan application, the affirmative vote of a majority of the Board members is required. In making its decision on the application, the Board will be acting in a quasi-judicial capacity and may grant the variance only if it finds that all of applicable variance criteria have been satisfied. Copies of the variance criteria from City Code are available on the table next to the entryway. Persons speaking at tonight's hearing should focus their comments on whether or not these variance requirements are satisfied. Before the Applicant's presentation, I will ask for certification of proper notice. Is the application complete and have the notice requirements been satisfied with respect to the Applicant? Zuccaro, Director of Planning and Building Safety, verified the application to be heard this evening is complete, and public notice was posted in City Hall, Public Library, Recreation Center, and the Courts and Police Building, mailed to surrounding property owners on Sept 30 2016, and published in the Boulder Daily Camera on Oct 2, 2016 and the property was posted on posted on September 30, 2016. This is originally scheduled for the October 19, 2016 meeting and wa tonight. Campbell moved an. • art seconded a motion that all requirements have been satisfied and the application submitt d by the applicants has been properly filed. Motion passed by unanimous voice vote. Meseck says does any person have any objection to the hearing procedure I have described, or any objection to proceeding with the hearing tonight? If not, are there any other preliminary matters that need to be taken care of. Meseck calls for any disclosure by the Board members of any site, any ex parte contact, any conflicts of interest, or other disclosures.