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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: j (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, -2- 61 0 (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. -3- ` a 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 - ~ I M \ t ! -q I~ i