I was like Well, I would say yeah, defer it. Then let's call the meeting to order a slight delay. Uh, it says 6:33 p.m. And if we can please have roll call President. Miss Rich. Here. Mr Burris here, Mr Grossman here. Miss Simon. Mister Wood. Mister Fuchs mentioned that he would not be here. OK, thank you. So we would typically go to the quasi judicial announcement. Well, what about our alternate? He seated for Joanne's one. That's true. So, Mr Wood If you can. I'm sorry for being a little discombobulated. On our soggy day here today. So we have Mr Wood, um, standing in. So we have a full five. Thank you very much, sir. Um we are, um, do not currently have the representative of the apple the one application in front of us today, So I'd like to defer to our attorney, Um, we certainly can take care of other business such as our minutes. Um would you advise that we have the quasi judicial announcement now or should we give our applicant time to arrive and then be present to hear this? Yes My. My advice would be right now do the minutes and considering the weather. I think it's prudence, uh, to give a 15 minutes. Break And then if the applicant does shows up, then do the quasi judicial because I would want them to hear that beforehand for proper Dr. Proper due process. Um and quite frankly, if they showed up in those 50 minutes, I'd probably I would recommend just doing it again. So I would, um, recommend you do the minutes. Being recess till let's see here. 640 just Mm. At least Yeah, And then um, And then if and then defer it. No one appears in that time. That sounds fair. Thank you for that council, so we will move to the approval of the minutes. Um which are for the meeting on February. 28th 2024. Do we have a motion? A motion to approve. Do you have a 2nd 2nd motion and a second roll call, please. Mister Wood. President. Mr Grossman. Mr Burris. Yes. Mr Rich? Yes, Miss Turner? Yes. So we have approved our minutes. Um If the staff maybe has any comments that would not be, um, necessary to hold off until the applicant potentially arrives. Staff has no comments tonight. OK sorry. No no worries, and, um we do We have any applications for next month? Yes, we do OK? Thank you very much. Um, Are there any comments from our board? This is the first time we got locked out. Yes Um, we're we're learning how to operate our doors and getting locked out and the weather So why don't we? As advised, we will take a brief recess. It's um 636 if we wanted to go till 640 That would be fine. That would be sufficient. Yes OK, and, um, if the applicant shows then we will proceed. If not, then, um, we will dismiss. Thank you. 42 if we may resume, So, Mr Boris, we're gonna resume right now. If you don't mind, sir. There again, you gavel. We're going out. We gotta adjourn first. Yeah. So it looks like, um, it's 643. We have not heard seen anything from our applicant . So um, just confirmation from Miss Kane? Um will you be able to reach out to them to let them know? Mhm. That um we weren't able to hear Yes, we can. We will reach out to them and let them know that the item was not heard because they were not present at the hearing. Um you as a boarder can choose to defer the item to the April 24th meeting. Um, we will reach out in the meantime, um, to see if they plan to attend. But after that, if they would have to be re advertised, but they could be Different. One more. Oh, that's true. We defer. Then you're going to have to read averts, uh, they can have the one deferral to a date certain. And then after that we'd have to read if they wanted to do a different date. OK so we can defer to the April 20 you said 4th April 24th meeting application 24-04 for Jensen. Yes, ma'am. Is it mandatory? Um, that they be present. Just checking the rules of procedure. Because if they don't have to be II. I certainly don't want to hear the application without them and without them, not knowing of this. Procedure because I'm assuming they were under the they They were under the impression they had to be here. Yes they they were. They were sent the materials that the board received and informed of the meeting date and time and told to be present at the hearing. Typically, we've Usually only heard applications. The applicant is present. Um but I think that's really up to the board's decision. Unless the rules of procedures say something, otherwise I just I mean in in my nearly six years on this board, um this is the first time we have had an applicant not show with no communication beforehand. With the city staff, so I'm just a little leery of proceeding without them. So uh, just looking through the again looking through the, uh, procedures. I don't see anything providing for that I. I know there are other situations where in other boards in in in special Magistrates, you can proceed because they've been provided. Notice that they can go. You can go forward. However uh, I'm always I am leery about that with, uh, with the with the quasi hearing and that if they were given the We don't. I believe they were given the nose. But I'd be concerned that, uh, we would have If, say, denied they would say they weren't here already. I don't have a due process I It was my I was in for my due process Rights. Correct I. I understand. Um I, uh as chair. I don't want to make this decision in a vacuum. Um so if we can have discussion among the board if we feel comfortable, um Requesting a deferral till the April meeting. Can I ask a question? Yes, sir. Has there been any objections or any formal? Anybody else in the community that says they're opposed to this? Uh, we have not received any written responses. I will note that staff does, um, put the recommendation have for conditions attached to this if the board chooses to approve it, um Again. We haven't had much communication with the applicant as to whether or not They have any objections or questions about those, but, uh, other than that we have not received any notices from the, uh public and without getting into the details of the application there are as Ms Kim pointed out some, um, unique nature of the, um potential conditions as the city staff has recommended for our consideration. So I, I do feel as an abundance of caution. We should defer and, um, give the city staff an opportunity to make abundantly clear to the applicant that it is, um Well, not a legal requirement, incredibly strongly urged by city staff and City Council city attorney to be present and if they do need to change it to yet another date. That's something to coordinate with the city staff. Sir. I would say to be fair to both parties that, uh, deferment is the right choice because they have a right to have input. We have a right to ask questions and have some consideration and many times you read this ahead of time and you have one decision in your mind and then because of testimony or conversation, you might change your mind right before you vote vote and say the information you just given me has has affected my you know, uh, Outcome of what I would do so I. I would I agree strongly agree that, um we should have the person here. Absolutely That's why the board's here and why Council pointed out. It is a quasi quasi judicial practice. Um, proceeding so we will ask city staff as we said, to inform them that this will be deferred till the April 24th meeting and with no other business before us on the agenda, um, make a motion Madam chair do we need to make I would I would Just for order just to be simple. OK, so can we. I would say, make an order. We have a motion to, um regarding deferring application. 24-044 Jensen. To the April 24th meeting. I'll make a motion. Or our second OK, we have a motion and a second. Maybe we have a roll call. Mr Wood? Yes Mr Grossman? Yes Mr Burris? Yes, Miss Rich? Yes. Miss Turner. OK so thank you all so much for coming on a rainy day and your patience and we always learn something new every meeting. So this is yet another learning opportunity. Um we all just dismiss the meeting at 648. All the doors open up to go out.