TC Ord. No. 1981-091 i
ORDINANCE NO.#81-9
Series of 1981
AN ORDINANCE AMENDING ORDINANCE NO.
79-12, SERIES OF 1979, TO PROVIDE A
VARIANCE PROCEDURE IN CONNECTION
WITH THE ZONING CODE OF THE TOWN OF
AVON
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO as follows:
Section 1. Amendment. Article IV of Ordinance No.
79-12 is amended by the addition of.a Section 4.3-as follows:
Section 4.3 Variances.
(a) Purpose. of.provisions.:-=Limitations. In
order to prevent'or'to lessen such practical "difficulties and
unnecessary physical hardships inconsistent with the objectives
of this Ordinance as would result from strict or literal inter-
pretation and enforcement;,variances from certain regulations
may be granted. A practical, difficulty or unnecessary physical
hardship may result from the size, shape, or dimensions of a
site or the location of existing structures thereon; from
topographic or physical conditions on the site or,in the immed-
iate vicinity; or.'from*other physical limitations, street loca-
tions, or traffic' -,coifditions_-_in__the___imMedzate viipinity. €ost
or inconvenience to the applicant of strict or literal compli-
ance with a regulation shall not be a reason for granting a
variance. It is not the intent of this Ordinance:, however,
to allow variances in the classification of uses of property.
(b) Application--Property posting--Public
hearing.
(1) Application for a variance shall be made to the
Design Review Board. The Design Review Board, within thirty
days of receipt-of the application, shall study and review the
application and accompanying evidence, and hold a public meeting
thereon.
(2) The Design Review Board shall hold;a public.
hearing on the matter, and notice of such hearingshall be
published at the expense of the applicant in a newspaper- of
general circulation within the Town or posted in at least three
public places within the Town, in addition to posting atthe
office of the Town Clerk, at least fifteen days.prior to-the
hearing date. Further, a copy of such.notice shall be mailed
to all property owners within 300 feet of the property in
question, by regular mail, at least fifteen days prior to the
meeting'and certificate of such mailing shall be filed with
the Design Review Board.
(c) Application--Contents. The'application
shall be supported by documents, maps, plans, and other material
containing the following information:
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(1) 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;
(2) Legal description, street address, and other
identifying data concerning the site;
(3) A description of the precise nature of the
proposed variance and its operating characteristics, and
measures proposed to make the variance compatible with other
properties in the vicinity;
(4) A site plan, showing proposed development of
the site, including topography, building or structure locations,
parking, traffic circulation, useable open space, landscaped
area, and utilities and drainage features;
(5) Preliminary building plans and elevations
sufficient to indicate the dimensions, general appearance,
scale, and interior plan of all buildings;
(6) Such additional materials as the Design Review
Board may prescribe or the applicant may submit pertinent to
the application and to the findings prerequisite to the issuance
of a variance.
(d) Approval Criteria. Before acting on a
variance application, the Design Review Board shall consider
the following factors with respect to the requested variance:
(1) The relationship of the requested variance to
other existing or potential uses and structures in the vicinity;
(2) The degree. to which relief from the strict or
literal interpretation and enforcements of a'specified regul-
ation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity, or to attain the objec=
tives of this Ordinance without grant of special privilege;
(3) The effect of the requested variance on light
and air, distribution of population, transportation and traffic
facilities, public facilities and utilities, 'and public.safety;
(4) Such''other factors and criteria as the Board
deems applicable to'the proposed variance.
(e) Findings required. The Design Review
Board shall make the 'following written findings before granting
a variance :
(1) That the granting.of thevariance will not
constitute'a grant of special privilege inconsistent with the
limitations on other properties classified in the same district;
(2) ,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;
(3) That the variance is warranted for one or more
of the following reasons:
(i) The "strict, literal interpretation and
enforcement of the specified regulation would result in practi-
cal difficulty or unnecessary physical hardship inconsistent
with the objectives of this Ordinance,
(ii):; There are exceptional or extraordinary
circumstances or conditions applicable to the site of the
variance that do not apply generally to other properties in
the same zone,
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(iii) The strict or literal interpretation and
enforcement of the specified regulation,would deprive the
applicant of,privileges enjoyed by the owners of other proper-
ties in the same district.
(f) The granting 6f, a variance may be condi-
tioned on action by the applicant.
(g) Fees--Term. Variance fees shall be paid
at the time of the application for the variance and prior to its
receipt by the applicant. The fee shall be in the amount of.
$100.00, dollars together with costs estimated to be,incurred.
The variance shall lapse if construction is not commenced within
one year of the date of issuance and diligently pursued to
completion.
(h) Council action.:z Within seven days following
action by the Design Review Board, the written findings and
decision shall be transmitted to the applicant and to the Town
Council. Such decision shall be final unless, within seven days
of receipt of the decision, and appeal is filed with the Town
Council by the applicant, the Town Attorney or any interested
party. At its next regularly scheduled meeting following
receipt of an appeal, the Council shall consider the action of
the Design Review Board and may confirm, modify., or reverse its
decision. The Council shall act in accordance with the same
criteria, and shall make the same findings as prescribed in
Paragraph(e)before granting a variance. The action of the
Council shall become final immediately.
(i) Recess. The Town Council or Design Review
Board may recess a hearing-on a request for a variance in order
to obtain additional information or to-serve further notices
upon other property owners or persons whom it decides may be
interested in the proposed variance. Upon recessing for this
purpose, the time and date when the hearing will be resumed
shall be announced. The hearing shall be reconvened within a
thirty day period.
(j) Action notice. The Town Clerk shall notify
the applicant for a variance in writing of the Town Council's
action within seven days after a decision has been rendered.
Section 2. Severability. If any provision, clause,
phrase of section of this Ordinance or the application thereof
.to-any person or circumstance is held-invalid,,such'invalidity
shall not affect-other provisions, clauses; phrases or sections
or applications of the Ordinance which can'be given effect
without the invalid provisions or applications and to this end
the provisions or applications of this Ordinance are declared
to be severable.
Section 3.. The-Council finds and determines that,
because_ it has come to the,-attention of the Council that the Town's
zoning Ordinance_by-oversight: makes no provision for allowing
variances and,because'applications for the variances are now
pending before the Town's Design Review Board, an emergency exists
and the adoption of this Ordinance is immediately necessary for
the preservation of the public peace, health, safety and
welfare.
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INTRODUCED, PASSED ON FIRST READING, APPRO , AND
ORDERED PUBLISHED "once in full, this day of`~ ,
1981.- This Ordinance will become effective on May 20, 19
THIS WAS PASSED ON AN EMERGENCY BASIS.
TOWN OF AVON
By
Ang- 1- V. Alpi., Mayor
ATTEST:
Patricia J. Doy Town lerk
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