Gunnison City Zoning Code
CHAPTER 10
VARIANCE APPLICATIONS
Section 1001 Purpose
This Chapter and the Administrative Manual provides the standards and procedures for the review of all Variance Applications and required to determine compliance with this Ordinance.
Section 1002 Land Use Hearing Officer The Appeals Authority For Variance Applications
The LUHO is authorized as the Appeals Authority responsible to approve, approve with revisions, or deny all Variance Applications.
Section 1003 Procedures And Review Standards For Variance Applications
- The procedures for the review of a Variance Application are identified by Chapter 11 and Chapter 15, Administrative Manual.
- The LUHO shall review the Application and shall determine:
- Literal enforcement of the provisions of this Ordinance would cause an unreasonable hardship for the Applicant with the Applicant providing sufficient evidence demonstrating that the hardship is located on, or associated with the subject property, for which the variance is sought, and is peculiar to the property rather than conditions generally existing on other properties located in the same Zoning District or immediate area.
- The identified hardship is not self-imposed.
- The identified hardship is not economic in nature.
- There exist special circumstances peculiar to the property that do not apply to other properties in the same Zoning District. The LUHO may find an unreasonable hardship exists only if the alleged hardship is located on, or associated with, the property for which the Variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
- The Variance is essential to the enjoyment of a substantial property right possessed by other property in the same Zoning District. The LUHO may find that special circumstances are attached to the property exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same Zoning District.
- The approval of the Variance Application will not be contrary to the public interest.
- The approval of the Variance Application will not have the effect of nullifying in any way the intent and purpose of this Ordinance, or the City’s other Land Use Ordinances.
- Literal enforcement of the provisions of this Ordinance would cause an unreasonable hardship for the Applicant with the Applicant providing sufficient evidence demonstrating that the hardship is located on, or associated with the subject property, for which the variance is sought, and is peculiar to the property rather than conditions generally existing on other properties located in the same Zoning District or immediate area.
Section 1004 Findings Required For Approval Of Variance Applications
In deciding a Variance Application the LUHO shall find that all the procedural requirements and review standards of Section 1003 have been met.
Section 1005 Decision For A Variance Application
- If the Variance Application complies with all the requirements of Section 1003 the LUHO shall approve the Application, with or without revisions and requirements determined necessary for compliance to the requirements of this Ordinance. The City Recorder shall notify the Applicant of the decision, as required by Section 1207.
- If the Variance Application does not comply with all the requirements of Section 1003 the LUHO shall not approve the Application. The City Recorder shall notify the Applicant of the decision, as required by Section 1207.
Section 1006 Variance Requirements
In approving a Variance Application, the LUHO may require such revisions and requirements that in the judgment of the LUHO are necessary to mitigate any negative effects of approving the Variance Application and to secure the purposes of this Ordinance.
Section 1007 Use Variance Prohibited
The LUHO may not authorize the establishment of a use in the Zoning District that is not identified in Appendix A, Table of Uses.
Section 1008 Effect Of Approval
The approval of a Variance Application shall not authorize the establishment or extension of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, but is a prerequisite to the preparation, filing, review, and determination of any Land Use Application approval that may be required by this Ordinance.
Section 1009 Appeals
Any person aggrieved by a decision of the LUHO for any Variance Application may appeal the decision to the Appeal Authority as identified by Chapter 13.