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HomeMy WebLinkAboutMemo - Read Before Packet - 10/20/2020 - Memorandum From Rich Anderson Re: Procedural Modifications For Agenda Item 12 - Remote Quasi-Judicial Hearings For Certain Appeals Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services MEMORANDUM DATE: 10/20/20 TO: Mayor and Councilmembers THROUGH: Darin Atteberry, City Manager Kelly DiMartino, Deputy City Manager Delynn Coldiron, City Clerk FROM: Rich Anderson, Chief Building Official RE: Procedural Modifications to Agenda Item 12: Resolution 2020-097 Authorizing Remote Quasi-Judicial Hearings for Certain Appeals Pursuant to City Code Section 2-119(4), to the Building Review Board Pursuant to Ordinance No. 079, 2020. Originally, this Agenda Item was drafted to give Council the option of approving or denying one Resolution or, in the alternative, one Motion. The procedure has been changed to incorporate Council action into a single Resolution. Due to this procedural change, the Staff presentation was modified to match. Now, Council may choose to approve or deny the two options presented by selecting the appropriate option in a single Resolution. While the Resolution previously submitted and published was accurate, the Staff presentation needed to be updated. DocuSign Envelope ID: CE994974-5C31-4D76-B493-6B57F535896E 1Authorization of Remote Hearings for Appeal Matters Rich Anderson, Chief Building Official10-20-2020 Consideration of Exception to Remote Hearings OrdinanceAuthorize by Resolutionall Section 2-119(4) appeals to the BRB be heard using Remote Technology. ORAuthorize by Resolutiona remote hearings before the BRB for the following Item:2Appeal of a decision of the Building Official to deny a request to waivethe exam requirements for a license to Matt Tschetter of Luxury Homesof N. CO. Remote Hearing AuthorityAuthority for the Building Review Board to hear appeals remotely comes from Ordinance 79.3 Ordinance No. 079, 2020(adopted June 16) Ordinance 79 authorizes use of remote technologies for:City Council and board and commission meetings for both pressing androutine items;Neighborhood meetings under the Land Use Code; andQuasi-judicial hearings, excluding:oappealsof decisions of all types,oinitial zoning and rezoning decisions, andoadditions of permitted use applications (APUs).4 Exception for ZBA “Appeals”Ordinance 79 specifically allows an exceptionfor all Zoning Board of Appeal “appeals,” which may be heard using Remote Technology.While termed “appeals,” these ZBA matters function as approvals of variancesto the Code that the Community Development & Neighborhood Services Director does not have the authority to grant; only the ZBA does.5 Ordinance No. 079, 2020(adopted June 16) Ordinance No. 079, Section 8 Summary:The Council may authorize additional types of hearings or proceedings to proceed using Remote Technology, provided the Council determines that the action is:a) pressingand requires prompt action; andb)the Remote Technology will provide sufficient public participation and input.6 Potential ConsiderationsCouncil may wish to consider the following:• Desire to provide applicants with a timely and predictable decision-makingprocess.• Contractors are awaiting a decision by the BRB to start constructionprojects. Delaying this hearing will result in delays to these projects.• BRB Meetings are public meetings. During the Public Comment portion ofthese meetings, there are seldom persons present wishing to makecomments on these appeals. Most of the comments are heard at theappeal hearing portion of the meeting.7 Staff Recommendation• Staff believes that Remote Technology would provide a sufficient opportunity for public participation for all of the listed items. • Applicants and/or appellants may request that an item be delayed until the time of an in-person hearing.• Hybrid option may be considered as an alternative to remote hearings• Would require board, commission or Council members to be physically present in Council Chambers to participate in the hearing8 Staff Recommendation•Option 1:Staff recommends that Council authorize by Resolutionappeal hearings using remote technology for all appeals to the BRB arising from City Code Section 2-119(4). • Like appeals brought before the ZBA, appeals to the BRB pursuant to Section 2-119(4) are permitted so that the BRB may allow variances to the Code requirements in specific cases.• While termed an “appeal” what the applicant is requesting in these situations is beyond of the Building Official’s authority to permit; only the BRB can permit these “variances.”• These “variances” requests often involve the livelihood of the contractors seeking licensure within the City and are pressing and require prompt attention.9 Specific Upcoming AppealsItem TypeDecision MakerStatus1. Appeal of a decision of the Building Official to deny a request to waive the exam requirements for a license to Matt Tschetter of Luxury Homes of N. CO. Appeal of Chief Building Official DecisionBuilding Review Board*Awaiting BRB hearing10* possible appeal to City Council OPTION 2: COUNCIL APPROVES ONLY THE PENDING APPEAL REQUEST BY RESOLUTION PROPOSED OPTIONSThe following Options are provided:•Option 1: Staff recommends that Council authorize appeal hearings using remote technology for all appeals to the BRB arising from City Code Section 2-119(4) by Resolution First Alternate. •Option 2: Staff recommends approval of the request to authorize remote hearings for the listed item by Resolution Second Alternate.11 Proposed ResolutionPROPOSED RESOLUTION ATTACHED TO:1) FIRST ALTERNATE: APPROVE ALL SECTION 2-119(4) “APPEALS”OR2) SECOND ALTERNATE: PENDING APPEAL REQUEST ONLY12