Board of Adjustment Agenda and Packet 2016 08 17

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Board of Adjustment Meeting Minutes June 15, 2016 Page 2 of 17 involved. Board members may question any person addressing the Board at any time. The attorney for the Board is not present at this hearing. Procedure for 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 questions; 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 variance, the affirmative vote of four of the five board members present will be necessary. Matters to be considered by the Board: In making its decision on the application, the Board will be acting in a quasi-judicial capacity and may grant a variance only if it finds that all of the 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. Determination of proper notice and application: Before each of the Applicant's presentation, I will ask for certification of proper notice. Meseck asks Scott Robinson, Staff Member, if we wish to do both applications now or separately? Robinson says both applications were posted in City Hall, the Public Library, the Recreation Center, the Courts and Police Building, and mailed to surrounding property owners on May 27, 2016. They were published in the Daily Camera on May 29, 2016 and the properties were posted on May 27, 2016. Meseck asks if anyone have any evidence to present to the Board that the applications, either, are not complete or that notice requirements have not been met? I will need a motion from the Board moving that all notice requirements have been satisfied and that the applications have been properly filed. Campbell makes the motion with DeJong seconds the motion. Motion passes by voice vote. Final matters prior to Staffs and Applications presentations: 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? Finally, at this time, I will call for disclosure by the Board members on 2252 Crown Circle of any site visits, any ex parte contact, any conflicts of interest, or other disclosures. Campbell says I visited the site but had no ex parte contact and have any conflicts of interest. DeJong says I have no conflicts, had no ex parte discussion, and did a preliminary site visit to see the property but did not enter the property. Meseck says I did not visit the property, had no ex parte contact, and have no conflict of interest. Stuart says I did a site visit, had no ex parte contact, and have no conflict of interest. Ewy says I did not do a site visit, had no ex parte contact, and have no conflict of interest.