(a)

Appeals. Any person aggrieved by their inability to obtain a building permit or by the decision of any administrative office or agency based upon or made in the course of administration or enforcement of the provisions of this chapter 56 may appeal said decision to the city manager pursuant to the terms and provisions of this article.

(b)

Variances. Variances may be issued for the following dimensional standards: (i) setbacks (primary and accessory buildings); (ii) lot frontage; (iii) lot coverage; (iv) building height (primary and accessory buildings); (v) sign area or height; and (vi) parking. An application for a variance shall be made in writing, upon a form or forms provided by the city. The application shall be deemed to consist of the application form, any explanatory letter or background material, and any site development plans submitted with the request. The application shall be accompanied by the application fee as set by resolution of city council.

(c)

No variance shall be granted to allow a building height to exceed the maximum height specified for any non-residentially zoned area. In residentially zoned areas, the maximum variance in building height shall not exceed five feet.

(d)

No variance shall be granted to permit a use of land not otherwise permitted in the applicable zone district.

(e)

No variance shall be granted to increase the size or height of signs by more than ten percent above the requirements and limitations of this chapter, unless the requested variance is associated with a comprehensive sign plan presented to the planning commission according to section 56-493.

(f)

A lot width or area variance associated with a subdivision will be considered as part of the subdivision process.

(g)

No variance shall be granted to decrease the amount of required parking by more than ten percent below the requirements of this chapter.

(Ord. No. 3-2022, § 4, 5-23-2022)

Appeals to the city manager shall conform to the following additional requirements:

(a)

Appeals shall be filed directly, in writing, with the city manager within 30 days of the act or failure to act or decision appealed from.

(b)

Upon receipt of an application for an appeal, together with the proper application fees, and provided that the appeal is within the city manager's authority, the city manager shall conduct an appeal hearing within 30 days of the filing of said appeal.

(c)

The hearing shall be conducted in accordance with the hearing procedures set forth in section 22-39.

(d)

The city manager shall render a decision to the applicant by certified mail, return receipt requested no later than 20 days following the hearing.

(e)

The decision of the city manager made pursuant to this section shall be a final administrative decision subject to judicial review in the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The failure of an applicant to seek review of such decision within the deadline set by Rule 106(b) of the Colorado Rules of Civil Procedure shall constitute a waiver of any right to contest the decision.

(Ord. No. 3-2022, § 4, 5-23-2022)

(a)

Upon receipt of an application for a variance, the zoning administrator shall determine if the application contains all of the required information, and whether the list of nearby property owners is complete. If the application is not complete, the applicant will be notified of such deficiencies, and no further action will be taken until the applicant corrects such deficiencies. Upon receipt of a completed application, a public hearing will be scheduled to take place no earlier than 30 days after the date of submission of the completed application.

(b)

Mailed notice. Applicant shall provide the zoning administrator with a typed list of the owners of record for any property abutting the exterior boundaries of the property for which a variance is requested, including those properties located directly across intervening streets, rights-of-way or public alleys and those neighboring properties within 75 feet of the exterior boundaries of the property for which a variance is requested. Applicant shall provide one first class stamp for each distinct property owner to be notified by the city or cash in lieu. First class mail letters will be prepared and sent by the city, in envelopes provided by the city with postage applied, no later than 15 days prior to the scheduled hearing date.

(c)

Published notice. The city shall provide notice of the application and the public hearing through the city's official internet webpage or by other means of electronic media at least 15 days prior to the scheduled hearing date. Such internet notice shall provide, at a minimum, a way for interested persons to request an opportunity to review the application materials; and may provide for electronic access to the application materials.

(d)

Planning commission shall conduct a conduct a public hearing, review the proposed variance against the criteria contained in this article, and within 30 days of the close of the public hearing, render its decision, unless timeliness is waived by the applicant.

(e)

Recording. Variances approved by the planning commission shall be recorded with the Arapahoe County Clerk and Recorder.

(Ord. No. 3-2022, § 4, 5-23-2022)

Planning commission may approve a variance only if it finds that there is an unnecessary hardship, whereby the application falls within any one of the categories set forth in paragraphs (a), (b) or (c) of this subsection, and the application satisfies any one of the criteria of paragraph (d) through (g) of this subsection:

(a)

Disability. There is a disability affecting the owners or tenants of the property or any member of the family of an owner or tenant who resides on the property, which impairs the ability of the disabled person to utilize or access the property.

(b)

Unusual conditions. There are unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness or shallowness of the lot; or exceptional topographical or other physical conditions, unique to the affected property; and

(c)

Compatibility. The property could be reasonably developed in conformity with the provisions of this chapter, but the proposed variance will result in a building form that is reasonable, customary and consistent with or more compatible, in terms of building height, siting, and design elements, with the existing neighborhood in which the subject property is located

(d)

Hardship.

(1)

Without the variance, there is no reasonable use of the property; or

(2)

Strict compliance prevents improvement of the property in a manner which is reasonable, customary and consistent with other properties in the area; or

(3)

Strict compliance would require significant or unjustified expense in light of the scope of the project, or would result in destruction or demolition of all or a portion of the existing building or other attractive features of the property; or

(4)

If the variance is denied, the development or use of the property cannot yield a reasonable return in service, use or income as compared to adjacent conforming property in the same zoning district; provided, however, that loss of a more convenient or profitable use of property, or similar financial advantage, that similar variances have been granted elsewhere, or the fact that a more profitable use of the property might be had if a variance were granted are not grounds for a variance.

(e)

Exceptional hardship.

(1)

The hardship is one suffered by the applicant alone and not by neighbors or the general public; or

(2)

The hardship is unique and unusual, or nearly so, rather than one shared by many surrounding properties.

(f)

Undue hardship.

(1)

The hardship is not the result of the applicant's own actions; or

(2)

The hardship is the result of predecessors in interest of the property, which could not have been reasonably foreseen to create difficulty in complying with the ordinance for future improvements.

(g)

Degree of requested variance.

(1)

The requested variance the minimum that will afford relief and the least possible modification of the requirements of the zoning code; or

(2)

The variance will neither result in the extension of a nonconforming situation, nor authorize the initiation of a nonconforming use of land, nor conflict with the goals and policies of the comprehensive plan and chapter 56; or

(3)

Corrective measures can be imposed upon the variance request to mitigate or to protect neighboring properties against the anticipated, expected impacts or adverse effects of the variance.

(Ord. No. 3-2022, § 4, 5-23-2022)

Any variance granted shall become null and void:

(a)

If the variance is not exercised (e.g., building permit obtained, substantial construction commenced) within 180 days of the date it is granted;

(b)

If the approval or conditions of approval of the variance is violated;

(c)

If the zoning administrator finds that redevelopment or modification of the subject property makes compliance with this chapter 56 possible without the previously approved variance; or

(d)

If the zoning administrator finds that the alleged hardship or difficulty upon which the variance is based has been eliminated.

(Ord. No. 3-2022, § 4, 5-23-2022)

The planning commission's decisions are final and may be appealed to the appropriate court in accordance with the judicial appeals procedure.

(Ord. No. 3-2022, § 4, 5-23-2022)