Occasionally there are instances where a land use or building project doesn't fit within the established standards adopted by the community, and the variance process in place to give room for exceptions to be requested. The decision is made by the Board of Adjustment, which is comprised of community members. Below is the information needed and the process information:
- Application Fee $200
- Land Use Form
- Variance Application Form
- Site Plan
- Proposed sign with dimensions (if applicable)
- Copy of deed for subject property
- List of property owners (with mailing addresses) within 300 feet of subject property (Obtain from County IT Department – 231 Ensign Street, Room 202, Fort Morgan)
Sec. 18-11-70. - Appeal and variance.
(a) In the event any person determines that the strict application of this Article would cause him or her undue hardship, he or she may apply to the City Council for a variance from the strict application of this Article. If the City Council determines that all of the following conditions exist, it may grant a variance upon such terms as it may prescribe:
- (1) The strict application of this Article would result in a peculiar and extreme hardship upon the applicant;
- (2) The variance desired would not be contrary to the purpose and intent of the requirement which it seeks to vary; and
- (3) Unique conditions exist which are the cause of the hardship and which are limited to the applicant and would not apply to another person, entity or situation similar to the one for which the variance is requested.
It shall not be sufficient reason that the applicant is unable to pay the costs of compliance with the Article.
- (b) The City Council may authorize a variance upon demonstration to its satisfaction that another method which is new or innovative will produce results equal to or greater than those which result from strict compliance with this Article.
(c) An application shall be made as follows:
- (1) All applications to the City Council shall be in writing and shall be filed upon forms provided by the City and available at the municipal building. The application shall indicate what provisions of this Article, or the underlying codes, are involved, what relief from those provisions is being sought, and the grounds upon which such relief is being sought. The applicant must file with the administrative official from whom the appeal is taken a copy of the application. Said official shall forthwith transmit to the City Council all the papers constituting the record to which the action relates.
- (2) An application for variance stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the City Council after the application has been filed with him or her that, by reason of facts stated by him or her, a delay would, in his or her opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed except by a restraining order which may be granted by the City Council or by a court of competent jurisdiction, upon notice to the officer from whom the appeal is taken and on due cause shown.
- (3) The fee for the application shall be established by resolution of the City Council. This fee, plus any supporting materials deemed pertinent by the applicant or requested by the City Council for evaluation of the application, shall be submitted before the date for a hearing on the application shall be set. A statement of landowners to whom notice is to be sent, prepared by an abstractor or title insurance company, shall be submitted by the applicant with the application. A minimum of fifteen (15) days shall have elapsed between the application submission date and the scheduled date of the hearing.
- (4) Notice of the hearing date shall be published by the City at the expense of the applicant in a newspaper of general circulation in the City, at least fifteen (15) days prior to the public hearing to landowners within three hundred (300) feet of the subject property (based on the list of the abstractor or title insurance company), as well as to the property owner. Failure to mail such notice to every property owner shall not affect the validity of any proceeding before the Council. The notice shall state the name of the applicant, a description of the property involved, a statement of the nature of the request and the date, time and place of the hearing.
- (5) At least fifteen (15) days prior to the public hearing, the applicant shall post a sign upon the premises where such variance is requested stating the date, time and place of the hearing, and the nature of the variance requested.
- (6) At the hearing, any party may appear in person or by an agent or attorney.
- (7) The Council may reverse, affirm or affirm with modifications the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.
- (8) The affirmative vote of five (5) members of the City Council shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency, or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance or adopted code or to effect any variation in such ordinance or code.
- (d) Any further appeal from the decision of the City Council may be made to the courts, as provided by law; provided, however, that such appeal shall be made prior to thirty (30) days following the date of the City Council's decision.
(Prior code §6-30; Ord. 774-06 §1)