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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
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City Council Rules Committee Agenda
Friday, February 2, 2024
10:00 AM
Helling Conference Room - City Hall
410 E. Washington St
1. Call to Order
2. Board of Adjustment By-Laws
Discuss DRAFT Board of Adjustment By-Laws
3. Adjourn
®�a CITY OF IOWA CITY
w%.2E- MEMORANDUM
Date: December 13, 2023
To: Board of Adjustment
From: Kirk Lehmann, Associate Planner
Re: Proposed Amendment to Procedural Rules
Introduction:
The December 13, 2023, agenda will include several proposed changes to the Board of
Adjustment Procedural Rules(i.e., bylaws), a copy of which is attached.
Proposed Changes:
Most proposed changes to the bylaws are relatively minor. These include the deletion of
redundant language,ensuring both written and numeric representations of numbers are included,
adding headers in certain sections, and correcting the names of City titles and departments.
However, a few changes are more substantive:
1. Appeal Order. Creating a new hearing order for appeals that is distinct from those for
special exceptions or variances. This change ensures that the Appellant is the first
presenter after a brief introduction by the Secretary of the Board.
2. Counting Days. Changing minimum notice requirements to calendar days rather than
business days. According to City Code and State law, calendar days are computed as
follows:the first day shall be excluded and the last included unless the last falls on Sunday
or a holiday, in which case, the time prescribed shall be extended so as to include the
whole of the following Monday or first working day.
This change aligns standards with other notice requirements used by the City. For
example, the adopted Good Neighbor Policy requires that a Good Neighbor Meeting
occurs no less than 7 calendar days prior to the scheduled public meeting,and newspaper
notices for public hearings regarding rezonings must be published 7 calendar days in
advance. Standardizing timelines helps reduce the possibility of administrative error,
though most notices are published well in advance of these timelines.
In addition, other references to business days are changed to calendar days for
consistency, and the number of days are adjusted so as not to substantially change
intended timeframes.
Process:
Article IX of the Procedural Rules require 3 members to approve an amendment to the bylaws. If
approved, the proposed amendment will be forwarded to City Council for approval. (Council
approves the bylaws for every City board and commission.) The amendment would be effective
upon Council approval.
The Board has three options, which in no particular order are:
1. Approve both proposed changes.
December 13, 2423
Page 2
2. Approve only one of the proposed changes.
3. Not approve either of the proposed change.
Due to both open meeting requirements and the bylaws (Article IX), the Board cannot approve a
change that substantially modifies these proposed changes, nor can it approve a substantive
change to any other provision of the Procedural Rules at the December 13 meeting. Those
changes could occur at the January meeting with proper notice.
We look forward to talking with you about these proposed changes on December 13.
Attachments:
1. Proposed changes to the Bylaws of the Board of Adjustment
December 13, 2023
Board of Adjustment Meeting
AMENDMENTS TO BYLAWS
ATTACHMENT 1
Draft Changes to Bylaws
Prepared by Staff
PROCEDURAL RULES
Iowa City Board of Adjustment
Nevernber 2921 XXXXXXX 2024
ARTICLE 1. AUTHORITY:
The Iowa City Board of Adjustment shall have that authority which is conferred by
Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled
"Administration,"Article A, entitled "Board of Adjustment," and through the adoption of
these procedural rules stated herein.
ARTICLE II. MEMBERSHIP:
Section 1: Qualifications. The Board of Adjustment shall consist of five (5)members
appointed by the City Council. All members of the Board shall be residents of Iowa City,
Iowa. A majority of the members of the Board shall be persons representing the public at
large and shall not be involved in the business of purchasing or selling real estate.
Section 2: Compensation. Members shall serve without compensation but may be
reimbursed for expenses incurred for travel outside the city on designated Board
business. Such expenses must be submitted to the City Manager.
Section 3: Orientation for New Members. Prior to the first regular meeting following
their appointment, each new member shall be sgiven an orientation briefing by
City staff and be provided with the Board's procedural rules and other information that
may be useful to Board members in carrying out their duties. The City Zoning Ghapter
Code and the Comprehensive Plan are available on-line.
[ Section 4: Absences. Three(lhconsecutive unexplained absences of a Board member
from regular Board meetings may result in a recommendation to the City Council from
the Board to discharge said member and appoint a new Board member. Members shall
be removable for cause by the City Council upon written charges after a public hearing.
Section 5: Vacancies.Any vacancy on the Board because of death, resignation, long-
term illness, disqualification, or removal shall be filled for the unexpired term by the City
Council after at least thirty(30) calendar days of public notice of the vacancy as Feq;r;ed
.
[ Section 6: Terms. Members shall be appointed for terms of five (5) years. No members
shall be appointed to succeed themselves. However, a member appointed to fill an
unexpired term with one LILyear or less remaining may also be appointed concurrently
for one full five (5)year term.
Section 7: Resignations. Resignation should be submitted in writing to the Board
Secretary, who will transmit the resignation to the City Council with copies to the City
Manager, the Director of Neighborhood and Development Services, and the Board
Chairperson, preferably at least sixty(60)days prior to the date of intended departure.
Section 8: Temporary Alternate. An alternate member, if available, shall be appointed
as provided herein, to replace a member who is unable to participate in an appeal of an
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administrative decision due to a conflict of interest.Any person who has served as a
member of the Board within the five 51 years preceding the filing of the appeal, and who
represents the public at large and is not involved in the business of purchasing or selling
real estate, shall be qualified to serve as an altemate. When tfio-a member has recused
himself/herself due to a conflict and the date of hearing before the Board has been set,
the Secretary of the Board shall notify all such persons and the first to agree to serve as
the alternate is hereby appointed to do so.
ARTICLE 111. OFFICERS:
Section 1: Number. The officers of the Board shall be a Chairperson and a Vice-
Chairperson, each of whom shall be elected by a majority vote of the members of the
Board. The Board Secretary shall be a staff person, who is appointed by the Director of
Neighborhood and Development Services.
Section 2: Election and Term of Office. The Chairperson and Vice-Chairperson shall
be elected annually at the first regular meeting of the Board each year.
Section 3: Vacancies.A vacancy in the office of Chairperson or Vice-Chairperson
because of death, resignation, removal, disqualification, or other cause shall be filled by
election from the members of the Board for the unexpired portion of the term.
Section d: Chairperson. The Chairperson shall, when present, preside at all meetings,
call special meetings, and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to
time. Such Chairperson may administer oaths and compel the attendance of witnesses.
Section 5: Vice-Chairperson. When the Chairperson is absent,eF-abstaining, or
recusing,the Vice-Chairperson shall perform the duties of the Chairperson and shall
have all the powers of and be subject to all the restrictions upon the Chairperson.
Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal
of both the Chairperson and Vice-Chairperson,the remaining three-nmN*iber Board
members may elect a member to serve as Acting Chairperson. The Acting Chairperson
shall perform the duties of the Chairperson and when so acting shall have all the powers
of and be subject to all the restrictions upon the Chairperson.
Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary,
shall be responsible for maintaining the office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and for
maintaining minutes and other records of the Board's proceedings.
ARTICLE IV.APPLICATIONS:
Section 1: Application Forms. Any application for a request or appeal to the Board of
Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the
Board. The Secretary's office is located in the Department of Neighborhood and
Development Services. Forms are available in the Oeffice of the City Clerk and on the
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City's website. In the appropriate cases,the Building 1nspeeta�01i2ial shall transmit to
the Secretary all documents constituting a record, upon which the Board shall act.
Section 2: Application Submittal. Appeals to the Board shall be filed with the City
Clerk within a reasonable time period, not to exceed thirty(30)calendar days after the
action appealed from, and shall specify the grounds for such appeal.An appeal from a
decision by the Building traspecteFOfficiai to issue a building permit shall not be deemed
to have been filed within a reasonable time if such appeal is filed more than ten-fifteen
(185)twsiness calendar days after construction work pursuant to such permit is
observable from adjacent properties orf the public right-of-way or ten-fifteen (185)
bo less calendar days after an alleged violation of the zoning code is similarly
observable. Applicants may appeal an approval or a denial of a Certificate of
Appropriateness from the Historic Preservation Commission within a conservation
district by filing a letter with the City Clerk within tea-fifteen{185)bdsiaess calendar days
after a Resolution of denial is filed by the Commission.
Section 3: Application Filing Fee. The applicant shall complete the required forms,
providinge all information requested on the form, androp vide any additional information
as requested by the Secretary of the Board.A filing fee shall be paid upon presentation
of the application. Application fees are established by resolution of the City Council.
Section 4: Party of Interest. Requests for a variance or special exception must be filed
on behalf of the real party in interest, such as the owner or contract purchaser.
Section 5: Case Number. An application filed according to the above procedure shall
be given a case number within #iveseven(57)business calendar days of the filing date,
Case numbers will be assigned according to the order in which applications are
received.
ARTICLE V. NOTICE:
Section 1: Notice Letters. No less than seven (7)businaas-calendar days prior to the
public hearing,the Secretary of the Board shall send notice by mail to all property
owners of record and to all non-duplicative individual occupants(when available on the
City Assessor's website), within 500 feet of the subject property. Such notice shall
include a description of the action requested along with the time and location of the
meeting. The applicant shall be formally notified of the time and place of the hearing, in
writing, by the Secretary of the Board.
Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be
published in a newspaper of general circulation not more than twenty(20)calendar day
nor less than seven(7) laasinese calendar days prior to the hearing. It shall contain the
street address or location of the property and a brief description of the nature of the
application or appeal.
Section 3: Notice Sign. No less than seven(7) busimess Iendar days prior to the
public hearing, the Applicant shall post a sign on or near the property upon which the
application is being made;and shall remove the sign immediately following the public
hearing on the application. The sign will be provided to the applicant(s) by the Board
Secretary.
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ARTICLE VI. HEARING:
Section 1: Regular Hearings. Hearings will be held as needed at a regular time and
place to be set by the members of the Board.
Section 2: Special Hearings. Special hearings or meetings of the Board may be called
by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the
request of three(3)or more members of the Board.
Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to
the public and shall be in a place accessible to people with disabilities.
Section 4: Quorum. Three (3) members of the Board shall constitute a quorum.
Section 5: Applicant Representation. The applicant may, at the time of the public
hearing, appear on their own behalf and be represented by agent and/or counsel. The
applicant or their representative may present oral argument and testimony; witnesses,
including experts; and may submit written evidence and exhibits in the form of
statements, photos, charts, or other relevant evidence. In the absence of the applicant or
their representative(s), the Board may proceed to act on the matter based on the
information provided.
Section 6: Briefs. The Board may request written briefs for legal argument.Applicants
may submit written briefs if they so choose.
Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing
by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of
evidence wherever possible. The Chair may swear witnesses and direct order of
testimony. The Chair shall avoid testimony that is overly redundant. The Chair may
provide for recesses during the deliberation, as appropriate.
Any Board member who has a legal conflict of interest shall recuse him/herself from the
decision-making process. A member who has a legal conflict of interest or otherwise
elects to recuse him/herself due to a perceived conflict of interest shall state the reason
for recusal prior to discussion of the matter under consideration and may choose to
leave the meeting room for the duration of the proceedings for that application.
Section 8: Hearing Order for Special Exceptions and Variances. The order of
hearing for special exception or variance requests shall be as follows:
1. Staff presentation of the facts of the case and recommendation to the board.
2. Statement by proponents of the application.
3. Statement by opponents of the application.
4. Rebuttal by proponents and then by opponents.
5. General discussion by the Board. The Board may request additional
comments from the participants.
Section 9: Hearing Order for Appeals. The order of hearing for appeals of an
administrative decision shall be as follows:
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1. Brief introduction by the Secretary of the Board setting forth the
administrative decision on appeal and appellant's grounds for the appeal.
2. Appellant presentation on the grounds for the appeal.
3. Staff presentation on the grounds for the administrative decision being
appealed.
4. Statement by proponents of the appeal_.
6. Statement by opponents of the appeal.
6. Rebuttal by proponents and then by opponents.
7. General discussion by the Board. The Board may reauest additional
comments from the participants.
{ Section 109: Board Deliberation. After all parties have been heard, the public hearing
will be declared closed so that the Board may deliberate the case. The Board must state
findings of fact and conclusions of law. These facts and legal conclusions must be set
forth in writing as required by Iowa Llaw.
from !he An application may be deferred or withdrawn at the request of the
applicant at any time before a decision is made by the Board.
Section 181: Board Motions. Motions may be made and seconded by any member of
the Board. Motions are always made in the affirmative, approving the requested action.
Section 124: Board Voting.After a motion and discussion, the Board shall be polled for
votes. A board member may abstain from voting,which is a non-vote. The concurring
vote of three(3) members of the Board shall be required to uphold an appeal, to decide
in favor of a special exception, or to grant a variance.
Voting on Board decisions will be by roll call and will be recorded by yeas and nays.
Proxy votes are not allowed.
Section 132: Legal Advisor.The City Attorney or a designated representative shall act
as legal counsel to the Board.
Section 143: Conduct of Meetings. Except as otherwise provided herein, Robert's
Rules of Order Newly Revised shall be used to conduct Board hearings and meetings.
ARTICLE VII. RECORDS:
Section 1: Record of Hearings. Audio recordings shall be made for all hearings and
such recordings shall be kept for a period of no less than six(6)weeks. Minutes shall be
produced from such recordings,and forwarded to the City Council after approval by the
Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of
the Board,and shall also be on file at the City Clerk's Ooffice. The applicant may request
a court reporter at the applicant's own expense.
Section 2: Case Files.The Secretary of the Board shall keep a file of all cases,
including forms and additional information. Said file shall be a public record and
available for public inspection during business hours. Copies may be made available
upon request, at cost.
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Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's
deliberation will be made, at cost to the requester. In the case of an appeal to district
court there is no charge for the transcript.
ARTICLE Vlll. DECISIONS:
Section 1: Timing. Whenever possible, decisions by the Board shall be made at the
same hearing wherein the testimony and presentation of evidence are considered.
Section 2: Format. Formal decisions shall be made in writing, setting forth findings of
fact and conclusions of law as required by Iowa law.
Section 3: _Filing. Each decision shall be filed with the City Clerk within a reasonable
time after the Board hearing, and shall be stamped by the Clerk to indicate the date and
time of filing. The Clerk will forward the decision to the Johnson County Recorder's
Office,for recording at the Csity's expense.
Section 4: Copies. A copy of said decision shall be forwarded by the Secretary of the
Board to the applicant, the Building-AspesterOfficial, the City Attorney's Office, and any
Attorney of Record within a reasonable time after filing with the City Clerk.
Section 5: Reconsideration. Upon written request, the Board may reconsider a
decision on a special exception or variance application. A request for reconsideration
must be made within teri-fifteen (195)iausiaesscalendar days of the meeting at which a
vote on the application was originally taken and shall articulate and be based on
evidence that was not presented or was unavailable at the time of the original hearing. A
motion to reconsider must be made at the subsequent meeting by a member of the
Board who voted on the prevailing side. If a motion to reconsider is approved, the
application will be placed on the agenda of the next meeting in order to satisfy the
requirement for public notice and hearing. No decision may be reconsidered more than
once. Appeals to the Board may not be reconsidered.
ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES.
Section 1: Amendment.A concurring vote of three(3) of the members of the Board
shall be necessary to amend these procedural rules. Such proposed amendments shall
be presented in writing at any regular meeting or at any special meeting called for that
purpose. Amendments shall go into effect upon approval by the City Council.
(Adopted Reso. No. 24- 4-2-74)
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MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
DECEMBER 13, 2023—5:15 PM
MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker(via zoom), Mark
Russo, Paula Swygard
MEMBERS ABSENT:
STAFF PRESENT: Sue Dulek, Kirk Lehmann
OTHERS PRESENT:
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Carlson outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
--� CONSIDERATION OF AMENDMENTS TO THE BOARD OF ADJUSTMENT BYLAWS:
Lehmann began by explaining the amendments are mostly minor changes such as terminology
and the way that headings are structured, etc., but there are two general sets of more
substantive changes that he laid out in his memo. The first came about because there have
been some appeals recently and the appeal order is a little off from what would be expected, the
appellant is to make their case first and then staff would make their case, and then it would go
from there. So, Article &, Section 8, Hearing Order is the one that would be retained for special
exceptions and variances, which are the bulk of the applications, but staff also moved the
sentence noting the Board may request additional comments to this section rather than having it
noted after the hearing is closed. Staff also proposes to add a Section 9 to the article that would
create a similar setup for appeals but would be slightly different in that there'd be a brief
introduction by the secretary of the Board, and then the appellant presentation, and then the
staff presentation on the administrative decision being appealed.
The next change is to convert from business days to calendar days throughout. There are
several different sections that can cause confusion, the first would be in an Article 4, Sections 2
and 5, Article 5, Sections 1, 2 and 3, and then Article 8, Section 5. With regard to Article 5,
which is related to public hearing notices, this a case where the wording would transition from
business days to calendar days but the number would be the same. Lehmann explained the
goal for this change is to reduce administrative error and ensure consistency of City notice
timeframes. It's based on what is currently in the City Code for BOA notices, within the Code
right now it states public hearing notices must be seven days prior to a hearing but the bylaws
changes that to business days which leads to a little bit of confusion for inexperienced staff and
could be problematic and has the potential to lead to error. Calendar days are also more
consistent with other notice time frames for planning applications. Lehmann pointed out for
Board of Adjustment
December 13,2023
Page 2 of 8
example in the good neighbor policy, and in pretty much every other policy. With regards to
Articles 4 and 8, those are changing from business days to calendar days as well. However, in
those cases staff converts the number of days, for example five business days would be
converted to seven calendar days and 10 business days would be approximately 15 calendar
days. These conversions are happening so that they keep a consistent timeframe but that some
are not calendar days and others business days. The goal is not to modify the actual timeframe,
just to have it be similar to any other timeframes for notices in the Code. Lehmann noted
generally they have no problems getting out notices in time and haven't had problems with the
appeals but they just don't want to shorten those lengths or anything. But it does lead to a slight
change in timeframe with those Article Five changes regarding notice.
Carlson asked if moving onto Article Two, membership, are there any questions for staff on any
of those sections.
Swygard had a question and it ties in with a questions about minutes, in the officers it says the
Board Secretary shall be a staff person who is appointed by the Director of Neighborhood and
Development Services, so who is the Board Secretary. Lehmann replied it is him as he is the
one to publish all the notices and keep all the minutes, etc.
Swygard noted in the section for the new order of procedure for an appeal, number one is a
brief introduction by the Secretary of the Board, so that is Lehmann or the staff person in his
position, and number three is staff presentation on grounds, so that would be the Board
Secretary again. Lehmann explained most likely not, the way it would generally work is the
Secretary is going to be independent from the person that is representing the City or the person
that made the decision, which is often the building official. For example, in terms of the most
recent appeal, the front setback question, Danielle Sitzman, the development services
coordinator, is the building official and made the determination to issue the building permit that
was being appealed, therefore she represented the City in that case, and Lehmann as the
Board Secretary in that case was acting only as the Secretary of the Board. In most cases the
Board Secretary can provide a general orientation about the property in question and then at
that point it would turn over to the appellant to make their case as to why they believe a decision
should be overturned. Then after the appellant speaks it would be the actual staff presentation.
Lehmann explained as the Secretary of the Board he would essentially discuss the location and
zoning maps to make sure everyone is familiar with what's happening because an appellant
may not give the full context on those sorts of technical background things that the Board should
be aware of. Dulek noted it is the Secretary of the Board's responsibility is to share that
information without advocating the City was correct, it's an orientation, it's not a presentation.
Swygard asked who actually creates the minutes. Lehmann explained the minutes are created
by a minute taker and then he reviews as Secretary for the Board. He will review them for
accuracy before they are presented to the Board for approval. Swygard asked under what
circumstances would staff forward the minutes to City Council without having approval by the
Board. Lehmann explained typically he includes the preliminary minutes that are prepared in
the agenda packet for approval and then forwards the final minutes to the City Clerk. Dulek
explained draft minutes will be in the information packet that goes out every Thursday for all
Board of Adjustment
December 13,2023
Page 3 of 8
boards and commissions, a draft of preliminary minutes. Once the board or commission
approves it then it goes to City Council for approval and is partt of their agenda packet.
Russo asked how the minutes are taken, is it that this meeting is recorded and then someone
takes minutes off that recording and they are not present. Lehmann confirmed they are not
present, they have access to the zoom recording and he then reviews the minutes to make sure
that it's full and complete and accurate.
Carlson stated she had a couple questions on the notice letters and the notice signs and the
fact that it's no less than seven days. How much time do staff usually try to send out the letters
and put the signs in the yard because it says no less than seven days but that seems kind of
tight and a lot of people have a lot of other things going on and it makes her nervous they
probably will not read or respond to it but she wants to make sure that the that the public knows
about these things. Lehmann replied that they don't really have any problems meeting these
timelines as the typical process is they get an application and put out the sign immediately, and
that's usually 40 days in advance. The letters usually go out pretty early as well, generally
somewhere between two and three weeks in advance. The public notice is around a similar
timeframe however the public notice specifically can't be published more than 20 calendar days
in advance, and he has almost run into situations where he accidentally posted too early. But
that 20 calendar days gives two to three weeks for people to react to these things, and then the
City will publish the packet that Friday before the meeting.
Carlson asked how this process in relation to the process for other commissions, like planning
and zoning, do they try to make all of these boards have the same timeline. Lehmann
confirmed they do try but in planning and zoning it largely depends on when things come in and
how fast they need to be processed, however two weeks is pretty typical for most cases and the
sign goes out almost immediately upon receiving an application.
Lehmann noted also the Board of Adjustment is unusual in that these requirements are in the
bylaws, they are the only commission that actually has that, a lot of the other ones are based on
City policy and not based on bylaws. For example, a zoning code amendment, within the City
Code section for the Board of Adjustment it specifically says seven calendar days is when they
have to post the notice, but the letters are not included in there or codified anywhere. Overall
staff's goal is to try and make sure that if nothing else the bylaws match the Code and changes
to the Code are at the discretion of City Council typically.
Carlson asked with just seven days if someone didn't like the ruling, could they come back and
say they don't feel that there was not enough time given for public notice for people to respond
to this. Dulek said no because per State Code states almost all notices are for a minimum of 4,
maximum of 20 days, to give too much time could get lost in the shuffle, likewise you don't want
to give to little notice. For all notices State Code is 4 and 20 although recently public bidding
changed a little bit on some big construction projects.
Board of Adjustment
December 13,2023
Page 4 of 8
Lehmann added in terms of publishing the packet actually, that only requires 24 hours' notice,
Iowa City does more than what's the minimum required so there's not really a legal ground for
them to say they didn't have enough time.
Carlson noted she is involved in dealing with a very complicated lease and so things like these
dates suddenly become very important and the implications that can be had by that, that's why
she's asking these questions. Lehmann agreed, the timelines make sure that they are doing
what they need to do to notify the public and also to protect themselves so that someone can't
come back and say the City didn't notify them in a timely way.
Lehmann noted it is possible for the Board to keep longer timeframes in their bylaws as well if
that's something they want to do, they could convert the five business days to seven calendar
days or 10 calendar days. Lehmann did convert everything in Articles 4 and 8 and in Article 8
the sections on the timelines in which one could make appeals and sections on the timelines in
which an applicant could request reconsideration. He didn't do it for notices just because the
Code has a different timeframe and he wanted to try and standardize that.
Carlson had a question on the Board voting, it states a Board member may abstain from voting,
which is a non-vote, when would that occur. Lehmann replied typically they don't see that other
than a recusal, but it may be something where a Board member doesn't feel they could make an
informed decision. Perhaps one person felt like there wasn't enough information and requested
more information, but the rest of the Board determined that there is enough to move forward,
then that person may say they can't make a vote and is going to abstain. It isn't something that
happens very much.
Lehmann asked is there such a thing as three people abstaining where a decision can't be
reached. Dulek is not aware of such a situation, she noted about 10 or 20 years ago there was
a City Council member that abstained quite a bit and actually Council then passed a resolution
that said if someone abstains it's a no vote. That's why this is listed as a non-vote, it would be
just like a recusal and not an automatic no.
Parker asked if the City Council rule is across all City boards. Dulek replied that was just a City
Council resolution and hasn't really happened since that person left the Council.
Baker moved to accept the consideration of the amendments to the Board of Adjustment
Bylaws including to accept the proposed changes as written by the Secretary, including
the appeal order and the counting of days.
Russo seconded the motion.
A vote was taken and the motion passed 5-0.
CONSIDERATION OF LETTER OF SUPPORT OF SIDEWALKS NEAR 1839 B STREET: