Mount Crested Butte
City Zoning Code
City Zoning Code
ARTICLE IX
Variances
21-401 Purposes; limitations.
Variances are deviations from the terms of this chapter that would not be contrary to the public interest when, owing to special circumstances or conditions, the literal interpretation and enforcement of the provisions of this chapter would result in practical difficulties and undue and unnecessary hardship. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a lot; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with this chapter shall not be a reason for granting a variance.
(Ord. No. 12-07, § 1, 1-15-13)
21-402 Application; required information.
Application for a variance shall be made to the zoning administrator. The zoning administrator shall review the application and determine its completeness and shall refer written comments to the planning commission.
The application shall be supported by documents, maps, plans and other material containing the following information:
(a)
Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;
(b)
Legal description, street address and other identifying data concerning the site;
(c)
A statement of the precise nature of the variance requested, the regulations involved and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter that would result from strict or literal interpretation and enforcement of the specified regulation;
(d)
A site plan showing all existing and proposed features on the site, and on adjoining sites if necessary, pertinent to the variance requested including site boundaries, required setbacks, building locations and heights, topography and physical features and similar data;
(e)
Such additional material as the zoning administrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a variance as prescribed in this article.
(Ord. No. 12-07, § 1, 1-15-13)
21-403 Fee.
The town council shall set a variance fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application, and shall not be refundable.
Should an applicant request a special meeting of the planning commission or town council, which meeting is requested due to time constraints or desires of the applicant, and not due to statutory, code, or other limitations imposed by law that may require the town to conduct a special meeting, the applicant shall pay the costs incurred by the town to hold such special meeting, including payment of commission or council members, staff and attorney time, and any other costs incurred or necessary to conduct the special meeting. The council shall set the cost categories as well any set fees by resolution.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 20-9, § 1, 11-4-20)
21-404 Hearings.
Upon receipt by the zoning administrator of a substantially completed variance application, he/she shall forthwith submit the same to the town clerk, who shall cause a public hearing on such application to be held before the planning commission pursuant to section 2-276 et seq.
(Ord. No. 12-07, § 1, 1-15-13)
21-405 Conditions of variance.
The zoning administrator and/or planning commission may recommend and the town council may impose such conditions on variances as are necessary to accomplish the goals, objectives and policies of the Mt. Crested Butte Community Plan and the terms of this chapter. Unless vested as part of a site specific development plan and except as otherwise established by the town council, a variance granted under this chapter shall automatically expire after 12 months from the date of approval unless development has commenced as evidenced by the issuance of a building permit.
(Ord. No. 12-07, § 1, 1-15-13)
21-406 Criteria.
Before acting on a variance application, the planning commission shall consider the following factors with respect to the requested variance:
(a)
The relationship of the requested variance to other existing or potential uses and structures in the vicinity;
(b)
The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this chapter without grant of special privilege;
(c)
The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety;
(d)
Such other factors and criteria as the commission deems applicable to the proposed variance.
(Ord. No. 12-07, § 1, 1-15-13)
21-407 Findings.
The planning commission shall make the following findings before acting upon a variance:
(a)
That the granting of the variance will be generally consistent with the purposes, goals, objectives and policies of the Mt. Crested Butte Community Plan and this chapter;
(b)
That the granting of the variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure;
(c)
That the granting of the variance will not constitute a grant of a special privilege inconsistent with the limitations on other properties classified in the same district;
(d)
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;
(e)
That the variance is warranted for one or more of the following reasons:
(1)
The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter,
(2)
There are exceptional or extraordinary circumstances or unique conditions applicable to the parcel which are not applicable to other parcels in the same zone, and which do not result from the actions of the applicant,
(3)
The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other owners of other properties in the same district.
(Ord. No. 12-07, § 1, 1-15-13)
21-408 Action by the council.
(a)
Within seven days following action of the planning commission, the Planning Commission decision shall be transmitted to the applicant and to the town council. At its next regularly scheduled meeting following receipt of the decision of the planning commission, the town council shall review the action of the planning commission and may confirm, modify or reverse its decision.
(b)
If it deems insufficient information is available to provide the basis for a sound decision, the town council may postpone final action for not more than 20 days, and the town council may, at its option, conduct an additional hearing in accord with the provisions of this chapter. The town council shall act in accord with the same criteria, and shall make the same findings as prescribed in this article for the commission before granting a variance. The action of the town council shall become final immediately.
(Ord. No. 12-07, § 1, 1-15-13)
21-409 Permit issuance; effect.
The zoning administrator shall issue a notice of approval of variance when action of the town council becomes final, subject to such conditions as may be prescribed by the town council. Recordation with expiration noted to be added here.
(Ord. No. 12-07, § 1, 1-15-13)