The purpose of this Article is to provide a process and criteria for varying from certain provisions of this Chapter so as to afford a measure of flexibility in the standards, while ensuring that development is sensitive to the natural and built environment and to existing and future residents, and to support or advance community goals and policies.

(Ord. 22-02 Art. 4)

(a)

Variances shall be limited to the following:

(1)

Variance to minimum area of a lot.

(2)

Variance to maximum height of structures or fences.

(3)

Variance to minimum setbacks.

(4)

Reduction in minimum off-street parking requirements.

(5)

Standards identified in the City's Design Guidelines and Standards or Sub-Area Plans.

(6)

Increase in minimum off-street parking requirements exceeding a 10% increase per Section 16-28-70.

(b)

A variance for the following shall be strictly prohibited:

(1)

A use variance to permit a use other than those listed in a specific zoning district.

(2)

A variance to the sign permit standards.

(3)

A variance authorizing a violation of this Chapter or any duly adopted ordinance of the City.

(Ord. 22-02 Art. 4)

No variance shall be granted unless each of the following criteria in subsections (a) and (b) are met:

(a)

A variance may be granted only where it can be demonstrated that such:

(1)

Is sensitive to and compatible with adjoining existing and planned land uses;

(2)

Will not adversely impact the natural environment through unwarranted or undesirable grading, altering of drainages or vegetation removal;

(3)

Will not increase or otherwise exacerbate known wildfire risk to the site or to adjacent properties or structures;

(4)

Maintains a desirable balance with the overall bulk and massing of building architecture; and

(5)

Promotes other community goals as set forth in the City's Comprehensive Plan, such as a well-planned, high-quality and, where appropriate, compact development.

(b)

A variance may be granted, provided that no substantial detriment to the public health, safety and welfare is created, that the intent and purpose of this Chapter is not impaired and that no active zoning violations exist on the site, unless such violations have been otherwise approved by the Director.

(Ord. 22-02 Art. 4; Ord. 23-06, Art. 4)

The applicant shall submit the following to the Community Development Department:

(1)

A completed application form.

(2)

Proof of ownership (or letter of authorization) for the land which is the subject of the variance.

(3)

Application fee (fee schedule available from the Community Development Department).

(4)

A site plan, when applicable, indicating how the variance relates to the affected land drawn to scale, including the height and setbacks of all existing and proposed structures and any other information requested by the Community Development Director.

(5)

An explanation in narrative form explaining the variance request and how such a variance will meet the approval criteria provide in Section 16-26-30.

Variance requests submitted concurrently with an SIP application do not need to submit a separate site plan or proof of ownership.

(Ord. 22-02 Art. 4)

The Director may grant up to a twenty-five-percent adjustment in the bulk standards listed in Subsection 16-26-20(a)(1-4) in accordance with the approval criteria listed in Section 16-26-30. The applicant shall submit the variance request to the Community Development Department, per the submittal requirements provided in Section 16-26-40. The applicant shall provide written notice to mineral rights owners and abutting landowners affected by the request to include a statement that the Director may act upon the variance request after ten (10) days elapses from the date of the notice. Such written notice shall be sent by certified mail, return receipt requested, at least fifteen (15) days prior to the Director's consideration of such request. As an alternative to written notice, the applicant may submit signed statements from each of the abutting landowners and any affected mineral rights owners stating that they were notified of the variance request with the application. A decision by the Director to deny such variance may be appealed to the Board of Adjustment and Appeals in accordance with the procedure in Section 16-26-80 below. A written appeal shall be submitted by the applicant to the Community Development Department within ten (10) business days of such denial. The Director reserves the right to refer any variance request associated with a Site Improvement Plan application to the City Council.

(Ord. 22-02 Art. 4)

The City Council is authorized to grant variances submitted in conjunction with consideration of a Site Improvement Plan to the regulations of this Chapter. The City Council may grant a variance provided the variance conforms to the approval criteria in Section 16-26-30 of this Chapter or, in cases where Sub-area Plans provide variances and/or variations processes and criteria, then the sub-area plan process and criteria shall apply.

(Ord. 22-02 Art. 4)

The Board of Adjustment and Appeals may authorize variances from the bulk standards of this Chapter subject to terms and conditions fixed by the Board.

(a)

The submittal shall be reviewed for completeness and the applicant notified of any inadequacies. An incomplete submittal shall not be processed. Variance requests submitted as stand-alone applications shall adhere to the public noticing requirements outlined in Section 16-26-60.

(b)

Once the submittal is determined to be complete, staff shall submit the application to the appropriate referral agencies, schedule the variance or appeal before the City Council or Board of Adjustment and Appeals, as appropriate, and notify the applicant of the date and time of the public hearing.

(c)

The applicant shall post notice on the property per Section 16-26-90 and the City will notify the abutting landowners and mineral rights owners in accordance with the public notice requirements in Section 16-26-90 below. All posting and noticing fees shall be billed to the applicant, per the City's adopted fee schedule.

(d)

The City Council or Board of Adjustment and Appeals shall evaluate the application, referral agency comments, staff report and public testimony, and shall approve, conditionally approve, table for further study or deny the appeal or variance.

(e)

The concurring vote of four (4) members of the City Council or Board of Adjustment and Appeals shall be necessary to approve a variance. The Council's or Board's determination shall be based on the evidence presented and compliance with the applicable criteria.

(Ord. 22-02 Art. 4)

(a)

Appeal. An appeal may be taken to the Board of Adjustment and Appeals by any person aggrieved by an inability to obtain a building permit or by an administrative decision of any official based upon or made in the course of the administration or enforcement of the provisions of this Chapter or Chapter 18 of this Code.

(b)

Vote required. The concurring vote of four (4) members of the Board of Adjustment and Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on a variance request.

(c)

Preapplication review for variance or appeal. The applicant shall discuss the variance or appeal informally with staff to discuss the procedures and submittal requirements.

(d)

Submittal requirements. The applicant shall submit the following to the Community Development Department:

(1)

A completed application form.

(2)

Proof of ownership of the land which is the subject of the variance or appeal.

(3)

Application fee (fee schedule available from the Community Development Department).

(4)

A site plan, when applicable, indicating how the variance relates to the affected land drawn to scale, including the height and setbacks of all existing and proposed structures and any other information requested by the Community Development Director.

(5)

An explanation in narrative form explaining the variance or appeal and how it meets the approval criteria in Section 16-26-30 herein.

(Ord. 22-02 Art. 4)

(a)

Mailed notice. At least fifteen (15) days prior to the City Council or Board of Adjustment and Appeals hearing, the City shall send a written notice of said hearing by first class mail to all mineral rights owners, adjoining landowners, mineral rights owners, and to homeowners' associations which have authority over property located within two hundred (200) feet of the land under consideration. The notice shall include:

(1)

An explanation of the variance in narrative form;

(2)

A vicinity map;

(3)

A site plan (when applicable); and

Information on where to find additional project details and how to provide comments on the project.

(b)

Public notice. At least fifteen (15) days prior to the scheduled City Council or Board of Adjustment and Appeals hearing for the variance application or appeal, the City shall publish a notice in the Official Publication. The notice shall read:

BEFORE THE CITY COUNCIL/BOARD OF ADJUSTMENT AND APPEALS

A public hearing will be held on (day of week) , (date) , at (time) , or soon thereafter, at the Lone Tree Civic Center, 8527 Lone Tree Pkwy, City of Lone Tree, CO 80124, [or other designated place] for (a variance/appeal) pursuant to Chapter 16 of the Lone Tree Municipal Code to allow for a change in _______. The subject property is located approximately (distance and direction from nearest major intersection). For more information, call the Community Development Department at [list the telephone number].

File Name and Number: ________

Published in (newspaper) (date)

(c)

Posted notice. At least fifteen (15) days prior to the City Council or Board of Adjustment and Appeals hearing, the applicant shall post a notice on the land under consideration. The sign posting shall consist of at least one (1) sign facing each abutting right-of-way, within ten (10) feet of the lot line abutting the right-of-way, visible from the right-of-way, placed on posts at least four (4) feet above ground level. Each sign shall measure not less than three (3) feet by four (4) feet. Letter size shall be a minimum of three (3) inches high. The notice shall read:

NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL/BOARD OF ADJUSTMENT AND APPEALS

This land shall be considered for (a variance/appeal) pursuant to Chapter 16 of the Lone Tree Municipal Code to allow for a change in _______. For more information, call the Community Development Department, [list the phone number provided by the City]. The public hearing is (date), in the City Council Hearing Room, 8527 Lone Tree Pkwy., City of Lone Tree, CO 80124 [or other designated place, if applicable] at (time).

Name of Proposal: ___

File Number: _______ Hearing Date: _______

(d)

Additional public notice may be required by the Director.

(e)

The sign(s) shall be removed by the applicant within two (2) weeks following the final decision by the Board of Adjustment and Appeals.

(Ord. 22-02 Art. 4)

Construction pursuant to approval of a variance or an appeal shall be completed within eighteen (18) months from the date the variance/appeal was granted, unless otherwise specified by the reviewing authority as provided herein. An extension of time may be granted by the reviewing authority as provided herein for good cause shown, upon a written request by the applicant.

(Ord. 22-02 Art. 4)

If denied by the Board of Adjustment and Appeals or City Council, a resubmittal of the same or substantially same variance or appeal application shall not be accepted by the City for consideration within one (1) year from the date of denial by the Board or Council. However, if evidence is presented to the Board of Adjustment and Appeals showing there has been a substantial change in physical conditions or circumstances associated with the variance request, the Board may reconsider the variance. A new application and processing fee shall be required.

(Ord. 22-02 Art. 4)