The planning and zoning commission shall have the power to grant variances from the requirements of the zoning code in respect to any use, building, or structure classified under sections 18.04. 18.05. 18.10 and 18.17. No variance may be granted to permit a use not otherwise permitted in the applicable zone district; except that a variance may be granted to permit a use that is limited by a PUD Guide and which would otherwise be permitted by this title 18 in the corresponding zone district. Variances shall be granted only in cases of unusual hardship which are not self-imposed, as provided in this chapter.

(Ord. No. 2017-05, § 1, 5-9-17)

Editor's note— Ord. No. 2017-05, § 1, adopted May 9, 2017, repealed the former § 18.13.010 and enacted a new section as set out herein. The former § 18.13.010 pertained to similar subject matter.

A person desiring a variance shall submit a written application to the planning department for determination by the planning and zoning commission, specifying:

(1)

The name and address of the applicant;

(2)

The legal description and street address of the subject property;

(3)

That the applicant is the owner of the subject property or has the written permission of the owner (copy to be enclosed), to make the application;

(4)

The nature of the proposed use, or other item proposed, which is not permitted by this title;

(5)

The nature of the hardship which would be created by a strict interpretation of this title;

(6)

The justification for the applicant being granted a variance;

(7)

An appropriate number of 11-inch by 17-inch reductions of the site plan as determined by the planning department shall be submitted in an electronic format acceptable to the department, together with one (1) paper copy of the site plan for the file;

(8)

Letter from the appropriate utility providers and fire district stating the availability to serve the proposed use;

(9)

Complete list of the name and mailing addresses of adjacent property owners within 300 feet of subject property required to be notified of the hearing on the application for variance;

(10)

A fee in the amount of $250.00 shall be tendered by check with the application submitted to the planning department (check made payable to the Town of Gypsum);

(11)

Additional information may be requested by the planning department as appropriate to the particular application, or portions of the information required above may be waived by the town manager or the town manager's designee if it is deemed to be inappropriate to the particular application.

(Ord. No. 2015-16, § 5, 1-12-16)

The public hearing on the application for variance before the planning and zoning commission shall be scheduled not less than 30 and not more than 60 days after receipt of the application for variance by the planning department. Notice of the public hearing shall be published once at least ten days prior to the date of the hearing in a newspaper of general circulation within the town. The parcel for which such variance is sought shall be posted by sign at least ten days prior to the date of the public hearing and continuously through the date of the public hearing. Such notice shall also be mailed by first class United States mail, postage prepaid to the applicant and to adjacent property owners as such owners' names and addresses may appear in the tax records of the town or Eagle County at least ten days prior to the date of the public hearing. Notice shall be given by inclusion in the agenda of the planning and zoning commission at which the application shall be heard. The names and addresses of the adjacent property owners required to be notified shall be determined by the applicant and such information shall be submitted to the planning department with the application.

In reviewing and considering an application for variance, the planning and zoning commission shall consider the following factors:

(1)

Relation to and effect upon the master plan generally;

(2)

Effect upon light and air, distribution of population, transportation, water, sewage, schools, parks and other public improvements and requirements;

(3)

Effect upon traffic in the streets, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, including control and flow of traffic entering public streets from private property, access and maneuverability and removal of snow from the streets under circumstances of heavy accumulation;

(4)

Effect upon the character of a particular zoning district, including the effect upon characteristic use of such district, and the characteristic physical attractiveness of such district, its architecture and landscaping;

(5)

Effect upon the value of existing buildings and improvements;

(6)

The appropriateness of the proposed use in relation to the land uses generally throughout the town;

(7)

The advisability of any imposition of conditions it finds necessary for the protection of the community or the immediate neighborhood from adverse effects of the use or building involved;

(8)

The cause, uniqueness and severity of the hardship claimed by the applicant;

(9)

Whether the granting of the application would amount to granting the applicant a special favor not available to other persons;

(10)

The possible adverse affect of approval or denial as a precedent in future cases;

(11)

Alternative variances which deviate less from the strict requirements of this title.

(a)

The planning and zoning commission may table an application for variance for 30 days after the public hearing for further information or consideration or the commission may continue the hearing to a specific date and time for receipt of additional information and for consideration of that information by the commission. Except in unusual circumstances, or during the time an applicant is obtaining additional information requested by the commission, an application for variance shall not be tabled longer than 30 days after its first hearing.

(b)

The planning and zoning commission shall grant or deny an application for variance by resolution. The planning and zoning commission may grant a variance only after consideration of the factors listed in section 18.13.030, and only after finding that the granting of the variance:

(1)

Will not cause a material adverse affect on the neighborhood involved or on the town;

(2)

Does not frustrate the general goals of the master plan and the zoning code;

(3)

Is justified because of any unusual hardship imposed on the subject property by a strict interpretation of this zoning code, which hardship is not the fault of the applicant or his predecessors in interest in the subject property;

(4)

Does not give the applicant a special favor not available to others in the community.

(c)

In granting any variance, the planning and zoning commission may impose conditions for the reasonable protection of the immediate neighborhood from adverse effects of the building or use involved.

(d)

The applicant shall be notified in writing of approval or denial of the application. If the application is denied, the reasons for denial shall be set forth in the resolution. Upon approval, a variance in written form shall be issued with any conditions as determined by the planning and zoning commission and shall become effective upon the signature of the permittee and the chair of the planning and zoning commission.

(e)

Any variance granted by the planning and zoning commission shall be permanent upon completion of the proposed use or other action proposed by the applicant. However, if the proposed use or action is not completed within one year from the date of issuance of the variance, the variance shall become null and void and of no effect, except the planning and zoning commission may extend the expiration date of the variance in writing upon good cause being shown in writing by the applicant for failure to complete the use or take the action as proposed. Any variance issued under the terms of this chapter shall become null and void at the expiration of one year after the use for which it is issued shall have been discontinued.

(f)

Any decision to grant or deny an application for variance may be appealed to the board of adjustment as provided in section 18.16.050.