Board of Adjustments discusses rule changes; agrees to revise bylaws and consider 6:00 p.m. start time

Senior Assistant City Attorney Elliot Schafer presented proposed redline changes to the Commerce City Board of Adjustments’ rules of procedure and walked board members through planned cleanups and clarifications, including adopting Robert’s Rules of Order for Colorado local governments, clarifying the board’s quasi‑judicial role, and updating references to the Land Development Code and staff practices.

Schafer told members the redlines correct several mismatches between written procedures and current practice: meeting start time historically listed as 5:30 p.m. in the rules despite most meetings beginning at 5:30 historically and practice varying; the recommendation to adopt the Colorado-specific version of Robert’s Rules as a more streamlined parliamentary guide; cleanups to inapplicable code citations; and clarifications that the board acts on applications rather than only recommending to city council. He also suggested adding authority language for appeals of early grading permits now included in the Land Development Code.

Board members discussed several items at length. Members said a brief statement at the start of each hearing explaining the order of proceedings would help the public; several asked that the chair provide a short script to announce what will happen in a hearing and introduce staff. Members debated whether deliberation should occur before or after a formal motion; the board expressed a preference for deliberation prior to the motion, followed by a motion and then final discussion on that motion. The board discussed training frequency for members: several members supported at least annual refresher training, while staff and the city clerk’s office recommended flexibility so training can be combined with case hearings or onboarding for new members.

On procedural timing and case management, members urged limiting the number of distinct cases per meeting to avoid long nights and to ensure adequate deliberation. The group generally supported a guideline of no new cases called after 10:00 p.m., with the board retaining discretion to complete a case already in progress. The board also discussed announcing alternates and clarifying that the charter authorizes appointment of three alternate members to serve when regular members are absent.

Board members reached several points of direction: staff will produce a clean redline for the next meeting incorporating the board’s feedback; the group expressed agreement to set the meeting start time at 6:00 p.m. for future notices; and staff will add script language for the chair to give a brief public procedural overview at meeting openings. Schafer said he would revise the draft rules and return them for formal consideration at a future meeting.

The discussion did not produce a final adopted bylaw during this session; staff will circulate a revised redline and a clean version for formal action at a subsequent meeting.