The application for a variance shall be made on such a form as provided by the City. The application shall be submitted to the City Manager, who shall be responsible for ensuring that a complete application has been submitted.

(Ord. 789 §18-41, 2006; Ord. 811 §1, 2009)

(a)

Within thirty (30) days after the City Manager receives a completed application, the Board of Adjustment shall hold a public hearing to consider the application.

(b)

Public notices shall comply with Section 12-3-320 of this Chapter.

(c)

Either the applicant or his or her representative must be present at the public hearing to present the application. Nonappearance may justify denial of the application.

(Ord. 789 §18-42, 2006; Ord. 811 §1, 2009)

(a)

In granting or denying variances, the Board shall consider the following criteria and standards:

(1)

Whether there are unique physical circumstances or conditions, such as exceptional irregularity, narrowness or shallowness of a piece of property at the time of the ordinance codified in this Chapter, or whether there are exceptional topographic or other physical conditions or other extraordinary and exceptional situations or conditions peculiar to the affected property.

(2)

Whether the unusual circumstances or conditions exist throughout the neighborhood or district in which the property is located.

(3)

Whether the hardship has been created by the applicant.

(4)

Whether the grant of the requested variance will cause a significant hazard, annoyance or inconvenience to the owners or occupants of nearby property, significantly change the character of the neighborhood or reduce the value of nearby property, impose any significant cost burden upon the City or create any significant obstacle to implementation of the zoning plan evidenced by this Chapter or by any master plan of the City.

(5)

Whether the variance, if granted, will alter the essential character of the neighborhood or district in which the property is located, or substantially or permanently impair the appropriate use or development of adjacent property.

(b)

The Board of Adjustment shall have the following duties:

(1)

To hear and decide such other special questions not inconsistent with the regulations contained in this Chapter, upon which the Board of Adjustment is authorized by resolution of the City.

(2)

To hear and decide whether a specific use is expressly permitted in a use group as specified in Article 5 of this Chapter.

(3)

To decide questions concerning the interpretation of this Chapter where any ambiguity or conflict exists or concerning the application of this Chapter to specific property.

(c)

The Board shall render written decisions accompanied by findings of fact and conclusions based thereon.

(Ord. 789 §18-43, 2006; Ord. 811 §1, 2009)

(a)

Appeals to the Board of Adjustment may be taken by any person aggrieved by any administrative decision based upon or made in the course of the administration or enforcement of the provisions of this Chapter. Appeals to the Board of Adjustment may also be taken by any officer, department, board or bureau of the City affected by any decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this Chapter.

(b)

Appeals pursuant to Subsection (a) above must be filed with the City Clerk within thirty (30) days of any administrative decision.

(Ord. 789 §18-44, 2006)

An appeal stays all proceedings and furtherance of the action appealed from, unless the officer from whom the appeal was taken certifies to the Board of Adjustment after the notice of appeal which was filed with him or her that, by reason of fact stated in the certificate, the stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, other than by restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal was taken and on due cause shown.

(Ord. 789 §18-45, 2006)

The Board of Adjustment shall hold a hearing within thirty (30) days of the appeal, give due notice thereof to the parties in the manner presented by its rules and decide the same within a reasonable time. Upon hearing, any party may appeal in person or by his or her agent or attorney.

(Ord. 789 §18-46, 2006)

(a)

Any person applying to the courts for a review of any decision made under the terms of this Chapter shall apply for review within thirty (30) days after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings.

(b)

The application for review shall be in the nature of certiorari under Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(c)

The City or Board of Adjustment shall be entitled to appeal any decision of the District Court under Rule 106 proceedings.

(Ord. 789 §18-47, 2006)