The Board of Adjustment is hereby created. The purpose of the Board of Adjustment shall be to provide for the ability to consider requests for special exceptions to the terms of this Chapter in conformity with its general purpose and intent.

(Ord. No. 3.43, Art. I, § 3.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The Board of Adjustment has the following powers:

(1)

To hear and act upon requests for waivers of the requirements of this Chapter in the following areas:

a.

Minimum area of lot;

b.

Minimum width of lot;

c.

Maximum height of structures and fences;

d.

Minimum front yard;

e.

Minimum side yard;

f.

Minimum rear yard;

g.

Minimum off-street parking requirements;

where, by reason of exceptional shape, size or topography of the lot or condition of the building or land, practical difficulty or unnecessary hardship would result to the owner of said property from a strict application or enforcement of this Chapter.

(2)

Hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of the regulations established where, by reason of exceptional shape, size or topography of the lot or condition of the building or land, practical difficulty or unnecessary hardship would result to the owner of said property from a strict application or enforcement of this Chapter.

(b)

The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the applicant. In the event of a dissenting vote of one or more members of the Board of Adjustment, a roll call vote shall be recorded in the minutes of the meeting.

(c)

No relief shall be granted by the Board of Adjustment when, in the opinion of the Board of Adjustment, the applicant has not provided reasonable and adequate evidence justifying the request presented, or when the request is determined to be a self-imposed hardship.

(Ord. No. 3.43, Art. I, § 3.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The Town Council shall appoint a Board of Adjustment consisting of five voting members. Each of the members of the Board of Adjustment shall be a resident of the Town. The term of appointed members of the Board of Adjustment shall be three years and until their respective successors have been appointed. The terms of office shall be staggered so that at least one member's term will expire each year.

(b)

Two associate members to the Board of Adjustment may be appointed by the Town Council. Each associate member shall be a resident of the Town. In the event that any regular member of the Board of Adjustment is temporarily unable to act, owing to absence from the Town, illness, interest in a matter before the Board of Adjustment or any other cause, that member's place may be taken during such temporary disability by an associate member.

(c)

Any member of the Board of Adjustment may be removed by the Town Council for nonperformance of duty or misconduct. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.

(d)

Members of the Board of Adjustment shall receive no compensation by the Town except for reimbursement for actual expenses incurred and mileage for attending official and special meetings.

(e)

The Board of Adjustment shall elect from its members a Chairperson and a Vice Chairperson, whose terms shall be for one year. Other positions may be created by the Board of Adjustment when needed.

(f)

The Board of Adjustment shall adopt such rules and regulations governing its proceedings as it may consider necessary or advisable. Such rules and regulations shall be consistent with the guidelines of this Article, the Town Charter and appropriate state statutes.

(g)

The Board of Adjustment shall meet as often as necessary to hear and act upon applications and other appropriate requests submitted.

(h)

The Town Council shall appoint a secretary to the Board of Adjustment, who shall be present at all regular and special meetings of the Board of Adjustment. The minutes shall be made a matter of public record within a practical time after the official meeting of the Board of Adjustment. Anyone wishing to have a transcript of the proceedings may have a court reporter present at his or her own expense.

(Ord. No. 3.43, Art. I, § 3.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

A formal application shall be submitted to the Town Clerk and shall consist of the following:

(1)

A completed application form;

(2)

Proof of ownership of the land which is the subject of the request;

(3)

Application fee; and

(4)

If applicable, a site plan identifying and locating the subject of the request. Such plan shall be drawn to scale and include the height and setbacks of all existing and proposed structures and any other information requested by the Town Planner.

(b)

The Town Planner shall review the application and schedule the request before the Board of Adjustment when he or she determines that the application is complete.

(c)

The Town Planner shall submit the application to the appropriate referral agencies for review. The period for review by referral agencies shall not exceed 30 days.

(d)

Upon receiving notification by the Town Clerk that the matter has been scheduled, the applicant shall publish a notice of the public hearing in at least one issue of a newspaper of general circulation in the Town at least 15 days prior to said hearing before the Board of Adjustment. Said notice shall read:

NOTICE OF PUBLIC HEARING
BEFORE THE BOARD OF ADJUSTMENT

Notice is hereby given that on _______, _______, 20___, at ________ a.m./p.m., or as soon as possible thereafter, in the Meeting Room of the Larkspur Town Council, at 8720 Spruce Mountain Road, Larkspur, Colorado 80118, or at such other time and place as this hearing may be adjourned, a public hearing will be held by the Larkspur Board of Adjustment upon the application on file with the Town of Larkspur, P.O. Box 53, Larkspur, Colorado 80118, (303) 681-2324, by (name applicant), pursuant to the current Larkspur Zoning Ordinance. The affected property is located approximately (distance and direction from nearest major intersection)."

Project Name: ___________

(Legal description of property): ___________

(Reason for request): ___________

Date of Application: ___________

Published in (name of Newspaper) on (date of Publication)

(e)

At least 15 days prior to the Board of Adjustment hearing, the applicant shall mail a notice of said hearing by certified mail, return receipt requested, to the owners of record of property located within 500 feet of the property under consideration for the request, as shown in the records of the offices of the County Assessor.

(f)

At least 15 days prior to the Board of Adjustment hearing, the applicant shall be required to post notice on the property for which the request is being considered. Such notice shall consist of at least one sign facing each adjacent right-of-way. Such sign shall measure not less than three feet by four feet, the size of the letters shall be a minimum of three inches high and such sign shall be erected on posts no less than four feet above ground level. Such sign shall read as follows:

NOTICE OF PUBLIC HEARING
BEFORE THE BOARD OF ADJUSTMENT

Notice is hereby given that the property upon which this sign is posted shall be the subject of a hearing by the Larkspur Board of Adjustment on _______, the _____ day of _______, 20___, at ________ a.m./p.m., or as soon as possible thereafter, in the Town Council Meeting Room. Further information may be obtained by calling the Larkspur Town Planner at (303) 681-2324.

Name of Project: ___________

Project Number: ________

Date Posted: ________

(g)

At least five days prior to the public hearing, the applicant shall submit to the Town Clerk an affidavit of publication, an affidavit of mailing, an affidavit of posting, the white postal receipts, green return receipts, a copy of the notice sent to the property owners and a listing of the property owners within 500 feet of the applicant's property.

(Ord. No. 3.43, Art. I, § 3.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)