Item 5A - 1044 Maxwell Ave. LB Waiver 4.23.2020 LANDMARKS BOARD MEETING
�- DATE: Thursday, April 23, 2020
• fi
TIME: 8;00 P.M.
OF
PLACE: Via video conference
Public Hearing Option Forret/walve:r
Application Number: HIS2020-0078
Address of property: 1044 Maxwell Avenue
Type of Review, Landmark Alteration Certificate (LAA
Property Owner; Max and Sabrina Clauson
Applicant:loel SMI ley and Laura Schaeffer
A. You have filed Application 1-ilIS2020-00078{the"Application"}for which a quasi-juditial public
Fearing is required in front of a City of Boulder Board.
B. A disaster emergency was declared by the City Manager on March 14,2020. The City Councfl
confirmed and extended the ernergency declaration until further notice at the March ib,2020 special council
meeting. On March 13, 2020,tire-City mwiager issued an order canceNfrig aJl Board and Commission
meetings. On March 24, 2020, said order was ratified acrd amended In Emergency Order 2020-8(the "Order")
allo ing certain Board rrreetings during the disaster ern ergency provided the meetings are held remateiy with
all persons pa rt idpatirig by telephone or computer_ No In person gathering of a Board is permitted_
C. Under the Order,the city manager c her delegates have the authority to decide whether a
Board meeting fs necessary and suitable to be conducted by telephone or electronically. The department
director who,or whose staff, serves a5 secretary of the Board has the authority to adopt rules to stream Ifne
and facilitate such Board meeting. The Board may also adopt rules to streamline and facilitate such meeting.
0. In addition, during the disaster emergency,the city manager and any delegate have the
authority to alter procedural requirements for any contract, license, permit, or development application.
E. You are hereby advised that you have the foIIowl ng Optic ns far proceeding wpth your
Application:
I- proceed to a public hearing that may be conducted remotely pursuant to the Order,
with all persons participating by telephone or corn puter and pursuant to rules adopted
pursuant to the Order to streamline acrd facilitate such a hearing, or
2. Euspend any review and decision deadlines until such tirne that the relevant Board or
the director or staff who serves as secretary for the Board can schedule a meeting
where a quorum of the Board, the applicant and member.9 of the public can attend the
Landmarks Board Meeting Apoicarivov�Y1er Waiver Page 1 oft
tweeting in person.Such in-Person meeting shall be held in the M rinicipal Building or
other location found suitable by for such a meeting by the director or staff whose rVe.5
as secretary of the 130ard_
E. please advise us in writing how you choose to proceed with your ApplIratio n by executing one
of t a following tWO options below and returning them to the case manager of your AppiIcatiorl
to n 1:
rhOVse to proceed with this Application to a public hearing In
front of the Boulder Landmarks Board that may be conducted remotely pursuant to Emergency order 2020-9.
1 have been advised by the City that f may alternatively choose to suspend the scheduling of a public hearing
until a time when the Board care schedule a public hearing that ail participants can attend in persort. By
choosing this option, I agree,and do not object,to a public heaHng in this tluasi-judicial matter with a II persons
participating by telephone or computer and Pursuant to any rules adopted pursuant to Emergency order 2020
Or the Board to strearn11ne and facilitate such a remote hearing (the "Remote Hearing'). I acknowledge that
holding a quasi-Judicial Remote Hearing involves an area of legal uncertainty and has Inherent limitations,
which may include without limitation technical challenges, the ability to evaluate a speaker's non-rerbaI
language in assessing a speaker's veracity and credibility, and the ability to introduce physical evidence during
a witness's verbal testimony,and therefore presents certain legal risks, I hereby choose to proceed with the
Remote Hearing and its inherent Iimitatiflns at my own risk and agree to waive any right of appeal I may hove
arising out of,or in connect!on with,conducting this heating pU�trant to Remote hearing procedures.
Pro a1w,ner
By. Date: C}
clan 2,
f, choose and agree to suspend any review and decision deadlines for this
Application until such time that the relevant Board or the director or staff who Sevres as secretary for the
Board can schedule a meeting where a quo rurn of the Board, the applicant and members of the public can
attend the meeting and public hearing in person, I agree that such irn-person meeting shall be held in the
Municipal building or in another City building found available and suitable by for such a meeting by the
director or staff Who serves as secretary of the Board.
Pro gr owner
By. Date,
LandmArks ward Meehng APPllcinvowner Waiwer Pepe 2 of 2