HomeMy WebLinkAboutOctober 26
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BOARD OF ADJUSTMENT
A G E N D A
October 26, 2023
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on October 26, 2023, at 7:00 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29th Avenue, Wheat Ridge, Colorado.
1. CALL THE MEETING TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
5. PUBLIC HEARING
No cases to be heard.
6. OLD BUSINESS
7. NEW BUSINESS
A. Amending the Board of Adjustment Bylaws
B. Approval of Minutes – October 27, 2022
C. Updates
8. ADJOURNMENT
Memorandum
TO: Board of Adjustment
THROUGH: Lauren Mikulak, Community Development Director
Jana Easley, Planning Manager
FROM: Cole Haselip, Management Analyst
DATE: October 26, 2023
SUBJECT: Amending the Board of Adjustment’s Bylaws
ISSUE:
The City of Wheat Ridge has seen an exceptional increase in the desire to join City Boards and
Commissions. Recognizing this, Council studied how to provide greater opportunities for
interested residents and make general improvements to the City’s Boards and Commissions.
PRIOR ACTION:
The City Council adopted several amendments to the Boards and Commissions Code at the
October 9, 2023 Council Meeting. These amendments will take effect March 1, 2024.
FINANCIAL IMPACT:
None.
BACKGROUND:
The Boards and Commissions Code amendments that are relevant to the Board of Adjustment
are described below:
1.Term Limits: Implements a 2-term limit, allowing term-limited board members to serve
additional at-will terms in the absences of any other qualified applicant. At-will means
that the Council can replace a term-limited board member with a qualified applicant at
any time.
2.Consecutive Term Limits: Term-limited board members can reapply to serve on their
previous board after the length of a standard term has passed (3 years).
3.Mid-Term Appointments: Boards and commissions will use the rounding approach to
determine if mid-term appointments are full terms. Using this approach, a board member
appointed to serve 50% of the length of a term or longer will be considered to have
served a full term. A board member appointed to serve less than 50% of the length of a
term will not be considered to have served a full term.
4.Board Member Removal: The Council can remove a board member at their discretion as
well as for violating the Boards and Commissions Code of Ethics (Attachment 2). The
Code of Ethics will be adopted by the City Council at a future meeting.
5.Unexcused Absences: Absences due to illness, emergency, or force majeure will be
excused. Other absences will be excused if the board member notifies the board’s Chair
and staff liaison that they will not be able to attend a board meeting at least seven days in
advance of said board meeting. All other absences will be unexcused.
6.Automatic Removal: Board members that accrue two unexcused absences in a 365-day
period are automatically removed from their position. Each respective board may vote to
excuse an unexcused absence and thereby reinstate the removed board member.
7.Alternate Members: Codifies four at-large alternate members of the Board of Adjustment.
An alternate member may vote in the absence of a regular member. The Mayor will select
these appointments.
DISCUSSION:
The City Council has amended the Boards and Commissions Code. As a result, staff
recommends that the Board of Adjustment amend its bylaws to comply with the Code and
improve operating procedures. Staff has prepared amended bylaws for the Board of Adjustment
to consider (Attachment 2).
These amendments do the following:
1. Establishes that the date and time of regular hearings shall be determined by a simple
majority vote with final approval from the Staff Liaison.
2. Aligns the unexcused absences policy with the amended Boards and Commission Code.
3.Removes the inclusion of alternate members in the BOA’s Bylaws. These alternate
members, which were inappropriately included in the BOA Bylaws, were properly
established in the Boards and Commissions Code amendment.
4.Establishes that if the applicant fails to appear at the subsequent hearing, their case shall
be automatically denied, and they will not be permitted to refile for another 365 days.
5. Clarifies that changes to the BOA Bylaws come into effect once approved by the City
Council.
6. Changes the election of officers from November to April of each year to align with other
Boards and Commissions at the City of Wheat Ridge and coincide with the beginning of
terms.
7.Renames the Chairperson and Vice-Chairperson to Chair and Vice-Chair to achieve
consistency with other boards and commissions at the City of Wheat Ridge.
8. Makes several formatting changes to align with other boards and commissions bylaws at
the City of Wheat Ridge.
RECOMMENDED MOTION
“I make a motion to adopt amended bylaws for the Board of Adjustment as presented by staff.”
ATTACHMENTS:
1. Amended Board of Adjustment Bylaws.
2. Boards and Commissions Code of Ethics
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
−1−
ARTICLE I: MEETINGS
1.The date and time of regular hearings before the Board of Adjustment shall be
determined by a simple majority vote of the appointed members of the board with final
approval from the Staff Liaison. Meetings must not conflict with meetings of the
Planning Commission.
2. Special meetings and/or hearings shall be held at the call of the Chair and at such other
times that the Board shall determine with final approval from the Staff Liaison.
3.All hearings shall be open to the public. Hearing notices shall be as provided in Section
26-109 of the City of Wheat Ridge Code of Laws.
4.A quorum of the Board of Adjustment shall consist of five (5) members.
5.Board members shall be automatically removed from their position for violating the
unexcused absences policy described in Sec. 2-53 of the Wheat Ridge Municipal Code.
6. The Board shall keep minutes of its proceedings, showing the vote of each member on
every case or if absent or failing to vote, indicating such fact, and it shall also keep
records of such proceedings and other official actions, and such records shall be filed in
the office of the Board.
7. The Board shall hear a request for relief from the requirements of the Zoning and
Development Code by any person aggrieved by such requirements as provided in Chapter
26 of the City of Wheat Ridge Code of Laws.
ARTICLE II: CASES BEFORE THE BOARD
1.Every request for relief shall be made to the Board in the name of the owner or owners of
the affected property or their designee and shall include the data required in the
applicable form so as to supply all the information (including such plans or plats as may
be necessary) required for a clear understanding of the case by the Board.
2. No communication purporting to be a request for relief shall be regarded as such until it
is made in the form required (including all required documentation).
3.The property owner is required to be present at the public hearing. The property owner
may be represented by an attorney or designated agent. When the property is held in
ownership by multiple parties, one property owner may represent the interests of the
remaining owners, provided that written approval has been submitted to the Community
Development Department and placed in the case file.
4. The applicant shall prove his or her case by presenting evidence in accordance with the
ATTACHMENT 1
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
−2−
provisions of Chapter 26.
5.The Board shall not hold hearings on requests which have been denied within the
previous twelve (12) calendar months, unless in conformance with Article V, Section 4
of these bylaws.
ARTICLE III: THE CALENDAR
1.Each case filed in the proper form, with the required data, shall be numbered serially and
shall be placed on the secretary's calendar. The case numbers shall begin anew on
January 1st of each year and shall be numbered to reflect the year and type of case.
2. As soon as the case is put on the calendar, the applicant shall be notified to appear on the
date when the case will be heard.
ARTICLE IV: PUBLIC HEARING PROCEDURES
1. At the time of public hearing, the Community Development Department shall present the
case stating recommendations, the applicant shall state his or her case, then any person in
favor or opposed to the request shall be heard and the applicant shall be given the
opportunity to reply. Each side shall be given an opportunity to summarize its case. At
the conclusion of all the evidence, the Board shall declare the public hearing closed. The
Board of Adjustment will base its decision based upon the variance criteria located in
Chapter 26 of the Wheat Ridge Code of Laws.
ARTICLE V: DISPOSITION OF CASES
1. Every decision of the Board on any case shall be by resolution indicating the reasons of
the Board, therefore. Resolutions shall specify type of action requested, amount of relief
granted for what purpose and any stipulations or conditions.
2.The Board shall act on every request for relief to either approve, deny, approve with
modifications, or continue the hearing. A concurring vote based on the adjusted majority
table described in Sec. 2-53 of the Municipal Code shall be necessary to grant any
variance, waiver, temporary building or use permit, any interpretation or flood plain
special exception permit or any matter requiring decision by the planning commission or
the city council. All other actions shall be taken by majority vote of the members present.
If a resolution or motion fails to receive the required number of votes in favor of the
applicant, the action shall be deemed a denial, and a resolution denying the request shall
be entered in the record.
3. The case may be continued by a vote of simple majority for an indefinite period or for a
given period. If the case is continued for an indefinite period, the hearing notification
shall be as provided in Section 26-109 of the City of Wheat Ridge Code of Laws. If the
ATTACHMENT 1
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
−3−
case is continued or tabled for a definite time, no additional notice shall be given.
4. Applicants may request a rehearing in front of the Board. The request for a rehearing
must be filed in the office of the City Clerk within thirty (30) days from the date of the
original decision on the case. New evidence must be submitted in writing which could
not have been, with due diligence, presented at the previous hearing. At the next regularly
scheduled meeting, the Board shall decide if the new evidence warrants a rehearing upon
affirmative vote as specified under Article V, Sec. 1. If the request for a rehearing is
granted, the case shall be put on the next available calendar for a rehearing, and parties
appearing in the original case shall be notified of the date of rehearing.
5. Only one postponement of a hearing at the request of the applicant is allowed unless
approved by the required number of affirmative votes as specified under Article V,
Section 2 of the Board. Unless impossible, applicant may be at the scheduled hearing
and ask for a postponement in person or notify the Community Development Department
of the request for postponement in advance of the hearing. If the hearing is postponed, the
case will be placed last on the agenda for the next meeting. No renotification of the
hearing shall be required; however, the applicant will be required to re-post the property.
6. If an applicant or representative fails to appear for the scheduled hearing, the case must
be continued and shall be placed on the next available meeting of the Board. The item
shall be placed last on the agenda. Renotification of the hearing shall be required. If the
applicant fails to appear at the subsequent hearing, then their case shall be automatically
denied and they will not be permitted to refile for another 365 days.
ARTICLE VI: ADOPTION AND SUSPENSION OF RULES
1. Amendments to these Rules of Procedure may be proposed and approved by the Board of
Adjustment at any regular meeting upon the affirmative vote of a simple majority of
members present. Copies of such amendments shall be filed with the City Attorney and
thereafter forwarded to the City Council for approval. Changes to the bylaws come into
effect upon approval by the City Council or at a time determined by the City Council.
ARTICLE VII: OFFICERS
1.At the April meeting of each year, the Board shall elect a Chair to preside at meetings
during the ensuing year, and a Vice-Chair to preside at meetings during the absence or
disability of the Chair. Neither the Chair nor Vice-Chair shall be eligible to succeed
themselves. In the absence of both the Chair and Vice-Chair, the senior member of the
Board shall preside.
2.The Chair, subject to these rules, shall decide all points of order and procedure, unless
otherwise directed by a resolution passed by a simple majority of the Board members
present.
ATTACHMENT 1
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
−4−
3. The secretary, who shall not be a member of the Board, shall be provided by the City to
record minutes of meetings, assemble documents, duplicate reports, and perform such
other clerical duties as the Board shall from time-to-time assign. Such clerical employee
shall serve under the immediate supervision of the head of the department assigned to
work with the Board.
______________________________ ______________________________
Chair Date
Revised 10/10/2023
ATTACHMENT 1
Updated 9/14/2023
Boards and Commissions Code of Ethics
Introduction: Members of City of Wheat Ridge Boards and Commissions are expected to uphold
the highest standards of ethical conduct to ensure the integrity, transparency, and accountability
of their actions. This Code of Ethics serves as a guide to regulate board and commission member
behavior while serving in their official capacity and as private individuals. By adhering to these
principles, board and commission members will foster public trust, promote fairness, and serve
the best interests of the community they represent.
I. Conduct as a Public Official
a. Duty to the Public:
i. We will act in the best interest of the community, prioritizing the welfare
and rights of the residents we serve.
ii. We will exercise our powers and responsibilities in a fair, impartial, and
transparent manner, avoiding conflicts of interest.
b. Integrity and Accountability:
i. We will conduct ourselves with integrity, honesty, and professionalism,
avoiding any form of bribery, corruption, or unethical practices.
ii. We will be accountable for our actions and decisions, providing accurate
and timely information to the public while respecting confidentiality when
required by law.
c. Respect and Civility:
i. We will treat all individuals with respect, dignity, and fairness, regardless
of their background, opinions, or beliefs.
ii. We will engage in constructive and civil discourse, promoting open
dialogue and listening to diverse perspectives.
d. Transparency and Openness:
i. We will ensure transparency in decision-making processes, providing
opportunities for public input, and communicating decisions effectively.
ii. We will disclose any potential conflicts of interest and rescue ourselves
from participating in decisions where our personal interests may influence
objectivity.
e. Stewardship of Resources:
i. We will manage public resources responsibly, striving for efficiency,
effectiveness, and sustainability in our decisions and actions.
ii. We will avoid personal gain from the use of public resources and work
towards maximizing public benefit.
ATTACHMENT 2
Updated 9/14/2023
II.Conduct as a Private Individual
a.Personal Integrity:
i.We will maintain high standards of personal integrity, honesty, and ethical
behavior in our private lives, recognizing that our actions can reflect upon
our public role.
ii.We will avoid engaging in activities that may undermine public trust,
compromise our impartiality, or create conflicts of interest.
b.Confidentiality:
i.We will respect the confidentiality of non-public information acquired
through our public discussions or engaging with stakeholders, ensuring
that our personal interests do not compromise the public interest.
ii.We will not accept gifts, favors, or benefits that may influence our
judgement or compromise our objectivity.
c. Respect for Authority:
i.We will comply with all applicable laws, regulations, and policies,
respecting the authority of elected officials, City administration, and the
legal framework that governs our actions.
ii.We will act as responsible ambassadors for our respective boards and
commissions, upholding their mission and goals.
Conclusion: By adhering to this Code of Ethics, board and commission members pledge to serve
the public interest with integrity, accountability, and professionalism. They agree to recognize
that their actions as both public officials and private individuals have a profound impact on the
community they serve. They commit to strive to maintain public trust and foster an environment
of transparency, fairness, and ethical conduct in all aspects of their role.
ATTACHMENT 2
Board of Adjustment Minutes October 27, 2022 1
BOARD OF ADJUSTMENT
Minutes of Meeting
October 27, 2022
1. CALL MEETING TO ORDER
The meeting was called to order by Chair PAGE at 7:01 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Board Members Present: Dan Bradford
Michael Griffeth
Paul Hovland
Thomas Burney
Betty Jo Page
Larry Richmond
Laura Sicard
Alternates Present: Robert DeVries
Board Members Absent: Janet Bell
Staff Members Present: Gerald Dahl, City Attorney
Lauren Mikulak, Planning Manager/Interim Director
Tammy Odean, Recording Secretary
3. PUBLIC FORUM
No one wished to speak at this time.
4. PUBLIC HEARING
A. Case No.WA-22-04
The case was presented by Lauren Mikulak. She entered the contents of the case file
and packet materials, the zoning ordinance and the digital presentation into the
record. She stated all appropriate notification requirements have been met and
advised the board there was jurisdiction to hear the case. She reviewed the
presentation and staff report.
Board of Adjustment Minutes October 27, 2022 2
The applicant is requesting an appeal of an administrative zoning determination
related to the term “billboard” as defined in Section 26-702 of the Wheat Ridge Code
of Laws and a request for an interpretation that would affirm eligibility of a billboard
at 4990 Kipling Street.
She described the City’s legislative history related to billboard regulations and
described the evolution of billboards in Wheat Ridge. She described the recent history
of billboard vacancies and the series of determinations made for billboards located
deemed ineligible. Staff recommends denial of the applicant’s request because staff
has determined the billboard does not meet the definition and is not oriented to the
highway and because the determination is consistent with the City’s legislative intent
and prior determinations.
Member DEVRIES asked if the Code is being changed in this decision if approved.
Ms. Mikulak clarified the Code will not be changed as written and it is not black and
white so there is room for discretion on what it means to be oriented to the highway
and what the Board is determining is if staff has correctly interpreted the gray zone or
not by finding a decision on how the definition should have been applied to this
property.
Member GRIFFETH inquired about the letters written by Mr. Johnstone specifically
paragraph 4 on page 21 of the packet and he wondered what the arguments were and
why he concurred.
Ms. Mikulak explained there was not a formal land use case submitted by Mile High
Outdoor, so she does not have the arguments from Mile High Outdoor.
There was then some discussion about the size of signs on Ward Road and why those
were not considered billboards.
In response to a question from Member GRIFFETH regarding the repercussions if the
billboard location is overturned, Ms. Mikulak explained that staff tries to be
consistent on how the Code is interpreted and makes policy determinations by how
the Code has been interpreted in the past. She added that if the Board decides to
contradict staff’s interpretations of prior decisions it would make it more difficult to
determine future decisions based on consistency and there might need to be a Code
Amendment. The Board decision does not amend the code but informs future
interpretations of the current code.
Member GRIFFETH asked if the maximum number of billboards in the City will still
be 16.
Ms. Mikulak clarified the maximum will still be 16 and the decision tonight will
determine how future determinations of eligibility are made.
Member HOVLAND questioned what the main focus of orientation is and if distance
is a factor.
Board of Adjustment Minutes October 27, 2022 3
Ms. Mikulak commented that staff’s contention is there are a few things to consider
about what it means to be oriented to and in this case distance, visibility and the
things that happen in between a location and the interstate highway. She confirmed
there is not a specific distance in the Code stating how close to the highway a
billboard must be, but distance is a contributing factor.
Member DEVRIES thought the distance was within 660 feet from an interstate.
Ms. Mikulak clarified that Colorado Department of Transportation (CDOT) has
jurisdiction of the billboard is with 660 feet from the interstate, but the City’s Code
has no maximum distance requirement.
Member DEVRIES said it seems contradictory that Spencer Fane LLP wants a
definition of clarity in the Code for orientation.
Ms. Mikulak explained there are a lot of words in the Code that are not defined, and
staff needs to use their judgement and legislative intent to interpret. She added there
are a lot of places in the City that you can put a sign that are visible from the
interstate, but that has not been the intent or how staff has decided to regulate
billboards.
In response to a question from Member PAGE, Ms. Mikulak confirmed that the City
has 15 billboards and one under review. She mentioned that the purpose of tonight’s
decision is whether 4990 Kipling Street is an eligible location for a billboard and
added that this decision will impact the future of how staff interprets the definition of
a billboard.
Jacob Hollars, Spencer Fane Attorney
Representative of United Advertising Corp. (UAC)
Mark Giordano, United Advertising Corp. (UAC)
11 Sunrise Drive, Englewood
Brett Kelley, United Advertising Corp. (UAC)
11 Sunrise Drive, Englewood
Mr. Giordano mentioned that currently United Advertising has 2 billboards in the
City of Wheat Ridge.
Mr. Hollars, Mr. Giordano, and Mr. Kelley gave brief presentations and examples for
their reasoning for appearing in front of the Board and mentioned there is a
disagreement with staff on the definition of the word “billboard” and what it means to
be “oriented to an interstate highway.” Mr. Hollars mentioned that an aspect of
visibility should be a part of the deciding factor of the orientation of a billboard.
Member PAGE inquired about the visual test sign and how big the test signs were.
Board of Adjustment Minutes October 27, 2022 4
Mr. Giordano clarified the test signs were standard billboard size of 14x40 feet and
31 ½ feet high and located in the southwest corner of the 4990 Kipling property,
precisely where the billboard would be placed.
Member HOVLAND asked what the purpose of getting the billboard in this location
is and who they are reaching out to.
Mr. Hollars said the primary audience will be I-70 traffic and Mr. Giordano
concurred and added the secondary audience will be Kipling.
Member GRIFFETH was curious why the applicant waited 6 months to appeal the
decision.
Mr. Giordano mentioned he had a conversation with Mr. Johnstone approximately
one week after receiving the denial letter and was given the option to appeal, but it
took 3 months to secure a surveyor. He added there was an option to file a restraining
order to shut down the entire lottery process, but it was not the way he wanted to do
business with the City.
In response to a question from Member DEVRIES, about setting a new precedence
with this vote would it cause percussions to previous applicants, Ms. Mikulak said it
will not because it is not retroactive.
Member BURNEY asked Mr. Hollars if he thinks all the billboards in the City are
oriented to interstate traffic in general and are basically perpendicular to the
interstates.
Mr. Hollars commented that he does not think the one at 6064 Harlan is oriented to
the interstate because it sits below the fence line on I-70. Mr. Giordano added all
billboards are basically perpendicular to the interstates, but one is flared out in a V-
shape.
Member BURNEY mentioned the billboard on Harlan is visible from I-76 and thinks
the proposed Kipling billboard would be oriented more towards Kipling than I-70.
Mr. Hollars added that the Kipling billboard would not be perpendicular because it is
not on an adjacent property to I-70, which is not a requirement.
With no members of the public present to testify, Chair PAGE invited staff and the
applicant to make final comments.
Ms. Mikulak commented that absent black and white regulations, staff has tried to
apply the Code consistently site-to-site and consistent with their legislative intent that
signs be compatible with the surroundings. She added that visibility has been one
consideration but not the only one. Distance is also a consideration, and this Kipling
property is two commercial sites from the interstate; orienting it more to Kipling and
49th Avenue. Staff does not believe facing it towards the interstate is the threshold by
which to allow a billboard in Wheat Ridge.
Board of Adjustment Minutes October 27, 2022 5
Mr. Hollars commented that UAC’s request is that the Board conclude that UAC’s
proposed billboard is an eligible billboard for the lottery that happened earlier this
year. They are not asking to set in stone that visibility isn’t a criterion but can be
taken into account. Mr. Hollars reiterated that this property is not adjacent to the
interstate, but it is in the B-2 zone district. He added that if the Board sides with staff
because it isn’t immediately adjacent to I-70 making it an ineligible billboard the
repercussion is that other billboard companies will run into the same issue. If the
Board finds in favor of UAC then it avoids all the issues and giving UAC the relief it
is seeking.
Chair PAGE invited discussion of the application by the board.
Member BRADFORD noted his concern that visibility is not in the Code and could
have been added in 2007 and was not.
Member DEVRIES commended both staff and UAC for their work on this case but
has concerns with setting a precedence because we are not here to change the code.
Member GRIFFETH mentioned he does not disagree with UAC’s case, but the
definition that staff is to interpret is vague and puts them in a spot to interpret a
difficult definition. He added that tonight’s intent and purpose are being looked at
and 30 years ago the B-1 zone was intentionally taken out of the code.
Member HOVLAND agrees with both staff and UAC and is aware the definition is
not clear, and this will be a tough decision.
Member BURNEY commented that he agrees with comments from both sides, but to
see this proposed billboard a person in a vehicle on I-70 would have to look 90
degrees to see it and believes it is oriented more toward Kipling. Member PAGE
concurred.
Member SICARD said UAC has presented a good argument and the wording in the
definition is not clear enough because it is visible from the interstate.
Member GRIFFETH added that the proposed billboard is oriented to the interstate,
but Mr. Johnstone said it is not visible.
In response to a question, Mr. Dahl explained an approval vote requires a super
majority of 6 votes and a denial will require a simple majority of 5 votes.
Upon a motion by Member SICARD and seconded by Member DEVRIES, the
following motion was stated:
WHEREAS, the proposed billboard was denied by an administrative officer;
and
Board of Adjustment Minutes October 27, 2022 6
WHEREAS, Board of Adjustment Case no. WA-22-05 is an appeal to this Board
from the zoning code interpretation of an administrative officer; and
WHEREAS, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge,
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application
Case No. WA-22-05 be, and hereby is, APPROVED
TYPE OF VARIANCE: This request is an appeal of an administrative zoning
determination related to the term “billboard” as defined in Section 26-702 of the
Wheat Ridge Code of Laws and request for an interpretation that would affirm
eligibility of a billboard at 4990 Kipling.
FOR THE FOLLOWING REASONS:
1. It [the proposed billboard] is visible.
2. According to the verbiage before the Board, it [the proposed billboard]
meets those conditions.
Chair PAGE called for a vote.
Motion failed with a vote of 5 to 3 with Members PAGE, BURNEY and
GRIFFETH voting against.
Mr. Dahl confirmed that the vote results in a denial based on the Board’s bylaws.
5. CLOSE PUBLIC HEARING
Vice Chair PAGE closed the public hearing.
6. OLD BUSINESS
In response to a question, Ms. Mikulak confirmed Board training is not calendared but
could take place next year to include newer members.
7. NEW BUSINESS
A. Approval of Minutes – March 10, 2022
It was moved by Board Member GRIFFETH and seconded by Board Member
HOVLAND to approve the minutes with two corrections to reflect that meeting was
in-person and not on Zoom and to correct Member GRIFFETH’s first name. The
motion passed 7-0-1 with Board Member DEVRIES abstaining.
B. Member GRIFFETH asked about the pledge of allegiance and how to ensure it
remains part of the agenda. Mr. Dahl noted that the pledge of allegiance is not
Board of Adjustment Minutes October 27, 2022 7
currently required as part of the bylaws and the bylaws could be amended to include
the pledge. Ms. Mikulak described the process to update the bylaws.
It was moved by Board Member GRIFFETH and seconded by Board Member
BRADFORD to make the pledge of allegiance a permanent part of the agenda. The
motion passed 8-0.
8. ADJOURNMENT
It was moved by Member HOVLAND and seconded by Member GRIFFETH to
adjourn the meeting at 8:42 p.m. Motion carried 8-0.
__________________________ _____________________________
Betty Jo Page, Vice Chair Tammy Odean, Recording Secretary