(a)

The Board of Adjustments shall hear and decide appeals from any order, requirement, decision or determination made by any administrative official charged with the enforcement of this Chapter. In addition, the Board of Adjustments shall hear and decide all requests for a variance from the bulk requirements of this Chapter. Such variance shall not be granted if it would be detrimental to the public good, create a conflict with the Town Comprehensive Plan or impair the intent and purpose of this Code.

(b)

The Board of Adjustments shall not grant use variances.

(Prior code 9-2-9; Ord. 956 § 1, 2014)

Any aggrieved person of interest may appeal a denial of a building or other development permit, or any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of this Code.

(1)

An appeal to the Board of Adjustments shall be made within ten (10) days after denial of a building permit or other development permit, or receipt of a written notice of an order, requirement, decision, interpretation or determination by an administrative official of the Town. Failure to make a timely appeal shall be considered a waiver of the appellant's rights to appeal to the Board of Adjustments.

(2)

The applicant shall file with the Town Clerk a written notice of appeal on a form approved by the Board of Adjustments and pay the fee set by the current fee schedule.

(3)

The Town Clerk shall forward a copy of the notice of appeal to the Planning Staff or other appropriate administrative officer, who shall prepare a record of the Town action that is being appealed for consideration by the Board of Adjustments.

(Prior code 9-2-9; Ord. 956 § 1, 2014)

Any person of interest or an officer or department of the Town may apply to the Board of Adjustment for a variance from the literal interpretation of the bulk requirements of this Chapter. For a variance request, the applicant shall submit the following to the Town Clerk:

(1)

Land use application form.

(2)

Title commitment. The title commitment must be current and dated no more than thirty (30) days from the date of the application submittal.

(3)

Explanation letter identifying the variance being requested, a citation of the portion of the Code from which relief is requested and explaining what exceptional condition, practical difficulty or unnecessary hardship exists to require the variance. The letter shall also address how the variance, if granted, will not be detrimental to the public good, create a conflict with the Town Comprehensive Plan or impair the intent and purpose of this Code.

(4)

Map. Town Staff will state map requirements based on the variance being requested. The map shall typically consist of a scale drawing depicting the property affected by the variance request, including but not limited to required or existing setbacks and proposed setbacks from adjacent lot lines or structures and any other information that will assist the Board of Adjustments in understanding the request.

(5)

Surrounding and interested property ownership report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

(6)

Public hearing notification envelopes. Provide the Town Clerk with one (1) set of stamped, addressed, certified (return receipt requested) envelopes. The envelopes shall have the Town's address as the return address, and the envelopes shall be addressed to the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, oil and gas lessees for the property and the appropriate referral agencies.

(Prior code 9-2-9; Ord. 956 § 1, 2014)

(a)

The Town Clerk shall publish notice in a newspaper of general circulation. The hearing may be held no less than fifteen (15) days from the date of advertising.

(b)

For a variance, in addition to the published notice, the Town Clerk shall send notice of public hearing to the applicant, all property owners of record within three hundred (300) feet of the property in question and the appropriate referral agencies no less than fifteen (15) days before the hearing. The Town Clerk shall prepare a public hearing notification sign to be posted on the property by the applicant no less than fifteen (15) days before the hearing. Upon receiving a variance request application, the Town Clerk shall establish a time for the hearing not to exceed forty-five (45) days from the filing of the application.

(Ord. 913, 2012; Ord. 956 § 1, 2014)

(a)

The Board of Adjustments shall make the decision on appeals and variances at a regular meeting of the Board of Adjustments.

(1)

The appellant, or the applicant for a variance, has the burden of proof to establish the necessary facts to warrant favorable action of the Board of Adjustments.

(2)

The Board of Adjustments shall have all the powers of the applicable Town administrative official on the action appealed. The Board of Adjustments may in whole or in part affirm, reverse or amend the decisions of the applicable Town administrative official.

(3)

The Board of Adjustments may impose reasonable conditions in its order to be complied with by the appellant in order to further the purposes and intent of this Code.

(4)

The Board of Adjustments may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested.

(5)

No single decision of the Board of Adjustments sets a precedent. The decision of the Board of Adjustments shall be made on the particular facts of each case.

(6)

Variances granted by the Board of Adjustments shall be recorded with the County Clerk and Recorder at the expense of the applicant.

(b)

Any appeal of the decision of the Board of Adjustments may be made to the District Court as provided by law; provided however, that such appeal must be made prior to thirty (30) days following the date of the final action taken by the Board of Adjustments, as provided by Rule 106, Colorado Rules of Civil Procedure.

(Prior code 9-2-9; Ord. 956 § 1, 2014)

(a)

The Board of Adjustments, in hearing an appeal from an interpretation of this Code, shall consider:

(1)

The technical meaning of the provision being appealed;

(2)

Evidence of the manner in which the provision has been interpreted in the past;

(3)

The positive or negative impact of the requested appeal on the achievement of stated Town development goals and objectives; and

(4)

The intent of the provision in implementing the Town Comprehensive Plan.

(b)

In approving a requested interpretation, the Board of Adjustments shall provide a written record of its findings, and the Town Staff shall use it to propose amendments that address future interpretation problems

(Prior code 9-2-9; Ord. 956 § 1, 2014)

(a)

The Board of Adjustments shall not grant a variance to this Chapter or Chapter 17 of this Code which:

(1)

Permits a land use not allowed in the zoning district in which the property is located;

(2)

Is in the public right-of-way or on public property;

(3)

Alters any definition of this Chapter;

(4)

Is other than the minimum variance that will afford relief with the least modification possible to the requirements of this Chapter;

(5)

Is based on physical conditions or circumstances of the property so general or recurring throughout the district as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to of this Chapter; or

(6)

Is based exclusively on findings of personal or financial hardship. Convenience, profit or caprice shall not constitute undue hardship.

(b)

In order to grant a variance to this Chapter, the Board of Adjustments shall find that all the following have been satisfied:

(1)

That there are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of the lot, or exceptional topographical or other physical condition particular to the affected property;

(2)

That, because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of this Chapter;

(3)

That, due to such unique physical circumstances or conditions, the strict application of this Chapter would create a demonstrated hardship;

(4)

That the demonstrable hardship is not self-imposed;

(5)

That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood;

(6)

That the variance, if granted, will not change the character of the zoning district in which the property is located;

(7)

That the variance, if granted, is in keeping with the intent of this Code; and

(8)

That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Town.

(c)

The condition of any variance authorized shall be stated in writing in the minutes of the Board of Adjustments with the justifications set forth.

(Prior code 9-2-9; Ord. 956 § 1, 2014)