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Historic board seeks role in 702 Passover Way variance; staff to review legal process
Summary
The board urged staff to confirm whether the Historic Preservation Board must make a formal recommendation to the Board of Adjustment on the 702 Passover Way variance and requested legal analysis and, if needed, a special meeting before the Jan. 28 hearing.
Chair Lowery raised concerns that a previously scheduled informational discussion about a variance application for 702 Passover Way should have been an item the Historic Preservation Board formally reviews and forwards with a recommendation to the Board of Adjustment.
Citing Article 7 of the city code and section 22‑211, Chair Lowery said the board “shall” make recommendations to the Board of Adjustment on variance requests applicable to historic resources. Staff and legal counsel cautioned that the item is quasi‑judicial and that the board must give the applicant proper notice and an opportunity to be heard before making a recommendation. Planning staff advised the board to allow time for legal analysis and for staff to determine the correct procedural path.
Board members said the variance is time‑sensitive because a Board of Adjustment hearing is scheduled for Jan. 28. Staff said it would prepare a legal review, and if the commission directs it, staff could schedule a special meeting of the Historic Preservation Board before the Board of Adjustment hearing so the board can provide a recommendation. The board asked staff to invite the applicant and to coordinate a public, noticed process if a recommendation is to be made.
